Constitution as a Living Document: Amendments and Basic Structure, Class 11 Political Science

What Constitution as a Living Document is about

Weightage: Indian Constitution at Work carries 40 of the 80 theory marks in the school annual exam, shared among its chapters; project work carries the other 20 marks.Source: CBSE Political Science (028) syllabus 2026-27, Class XI course structure

Key concepts

Are constitutions static?

NCERT section Are Constitutions Static?

• Nations rewrite constitutions after changed circumstances, new ideas or upheavals.
• Soviet Union: four constitutions in 74 years (1918, 1924, 1936, 1977); after Communist rule ended in 1991 the federation broke up and the Russian Federation adopted a new constitution in 1993.
• France: First Republic constitution (1793), Second Republic (1848), Third (1875), Fourth (1946), Fifth (1958).
• India: adopted 26 November 1949, in force 26 January 1950, still the framework of government.

Why India's Constitution has lasted:
1. It is robust and its basic framework suits the country; the framers were farsighted.
2. It accepts modification according to changing social needs.
3. In practice, there has been flexibility of interpretation by both politicians and courts.

Dual role of a constitution: it reflects the dreams and aspirations of society (which suggests it is sacred) and is a framework for democratic governance that society creates for itself (an instrument). The framers struck a balance: placed it above ordinary law and expected respect, but allowed changes because opinions differ and society may move towards a particular view. The Constitution is not static, not the final word, not unalterable. (By comparison, the US Constitution, over 200 years old, has been amended only 27 times.)

Worked example

A student says: 'The Constitution is a sacred document, so any talk of changing it is against democracy.' Respond. (2 marks)

Try it first, then show the solutionSolution

1. The framers treated the Constitution as above ordinary law and worthy of respect, but also as an instrument made by people that may need revision as circumstances and opinions change.
2. Amendment through elected representatives and broad consensus is itself democratic; refusing all change would make the Constitution rigid and could lead to its breakdown, as other countries' rewrites show.

Answer: Disagree: the Constitution is respected but not frozen; democratic amendment keeps it alive.

Flexible and rigid: why different methods of amendment

NCERT section How to Amend the Constitution?

Article 368: Parliament, using its constituent power, may amend any provision by addition, variation or repeal under the procedure in that Article.

• Flexible = easily changed; rigid = difficult to change. India's Constitution is both.

Why both? The framers knew:
1. There might be mistakes, which should be easy to correct.
2. Some provisions were temporary and could be altered once a new Parliament was elected.
3. As a federal polity, the States' powers should not change without State consent.
4. Some features were central to the spirit of the Constitution and needed protection: these were made rigid.

Three methods:

Method	Requirement	Example
Like ordinary law	Simple majority in Parliament	Articles that say 'Parliament may by law...', e.g. Article 2 (admitting new States), Article 3 (increasing a State's area)
Article 368, special majority	Special majority in each House separately	Most provisions, e.g. Fundamental Rights
Article 368, special majority + States	Special majority + legislatures of half the States	Provisions on distribution of powers and representation

Worked example

Why did the framers make some parts of the Constitution flexible and others rigid? (4 marks)

Try it first, then show the solutionSolution

1. They expected some errors in the text and wanted them to be easily corrected.
2. Some provisions were temporary and could be changed once the new Parliament was elected.
3. Since the polity was federal, provisions affecting the States' powers should change only with the States' consent.
4. Features central to the Constitution's spirit had to be protected from easy change, so they were made rigid.

Answer: To allow easy correction and adaptation while protecting federal arrangements and core features.

Features of the amendment procedure

NCERT section How to Amend the Constitution?

• All amendments are initiated only in Parliament; States cannot propose amendments.
• No outside agency (constitution commission or separate body) is needed.
• No referendum is needed to ratify an amendment.
• An amendment bill goes to the President for assent, but the President cannot send it back for reconsideration.
• Result: the procedure is relatively simple, and it rests on one principle: only elected representatives decide on amendments, i.e. parliamentary sovereignty underlies the procedure.

Comparison with other countries:

• Special majority principle: US (two-thirds), South Africa and Russia (three-fourths for some amendments).
• People's participation: in Switzerland people can even initiate an amendment; in Russia and Italy, among others, people initiate or approve amendments.

Worked example

Parliament passes an amendment bill by the required special majority, but the President has doubts about it and some citizens demand a referendum. Can the President return the bill, or can a referendum be held? What principle does this show? (2 marks)

Try it first, then show the solutionSolution

1. Neither: the President must give assent and cannot send an amendment bill back for reconsideration, and the Constitution provides no referendum or outside body for amendments.
2. Only elected representatives (Parliament, and State legislatures where ratification is needed) decide on amendments, so the procedure rests on parliamentary sovereignty.

Answer: No return and no referendum: amendment is decided by elected representatives alone, reflecting parliamentary sovereignty.

Special majority and its arithmetic

NCERT section Special Majority

Simple majority: more than half of members voting. If 247 vote, at least 124 are needed.

Special majority for amendments (two conditions, both necessary):
1. Those voting in favour must be at least half of the total strength of the House.
2. They must also be two-thirds of those actually voting.

• Both Houses must pass the bill separately in this way; there is no joint session for amendment bills.
• With 545 members in the Lok Sabha (the figure used in the chapter), any amendment needs at least 273 votes in favour, even if only 300 are present.

Significance: a ruling party with a thin majority can pass ordinary laws and budgets alone, but to amend the Constitution it must win over some opposition parties. The procedure demands broad support among parties and MPs.

Dr Ambedkar's argument: if those dissatisfied with the Constitution cannot obtain even a two-thirds majority, their dissatisfaction cannot be considered shared by the public; behind the majority lies the principle of public opinion.

Worked example

In a Lok Sabha of 545 members, 400 members vote on an amendment bill. What is the minimum number of votes in favour needed for it to pass? (2 marks)

Try it first, then show the solutionSolution

1. Condition 1 (half of total strength): at least half of 545 = 272.5, so at least 273 votes. Condition 2 (two-thirds of those voting): 2/3 × 400 = 266.67, so at least 267 votes.
2. Both must be met, so the higher figure applies: 273.

Answer: 273 votes in favour.

Ratification by States

NCERT section Ratification by States

• For amendments to articles on the distribution of powers between the States and the centre, or on representation, special majority is not enough: legislatures of half the States must pass the bill before it takes effect.
• Why: federalism means the States' powers must not be at the mercy of the centre; such changes require wider consensus and give the States participation.
• Still flexible: consent of only half the States, and a simple majority in each State legislature suffices; so the process is not impracticable.

Summary: India's Constitution is amended through large-scale consensus and limited participation of the States: protected from easy tampering, yet open to change by future generations.

Applying the methods (examples):

• Changing State boundaries → simple majority (Article 3, 'by law').
• Changing the right to freedom of religion → special majority.
• Changing the Union List → special majority + ratification by half the States.

Worked example

Which procedure is needed to (a) increase the area of a State; (b) move a subject from the State List to the Union List? Give reasons. (2 marks)

Try it first, then show the solutionSolution

1. (a) Article 3 lets Parliament increase a State's area 'by law', so a simple majority suffices (outside Article 368).
2. (b) This changes the distribution of powers between the Union and States, so it needs a special majority in both Houses plus ratification by half the State legislatures.

Answer: (a) Simple majority; (b) special majority plus ratification by half the States.

Why so many amendments?

NCERT section Why Have There Been So Many Amendments?

• By 26 January 2024 the Constitution had completed 74 years and been amended 106 times: a high number given the difficult method.
• Graphs in the chapter show many amendments in 1970-1990, and ten amendments in only three years twice: 1974-1976 and 2001-2003.
• These periods were very different: 1974-76 was Congress dominance (352 Lok Sabha seats, majority in most States); 2001-03 was coalition politics, different parties in different States and bitter rivalry. So the number of amendments does not depend only on the ruling party's majority.
• Except for the first decade, every decade saw a steady stream: amendments were needed regardless of party, so they are not just political tools.

Three groups of amendments:
1. Technical or administrative: clarifications and minor changes, e.g. raising High Court judges' retirement age from 60 to 62 (15th), raising judges' salaries (54th), extending SC/ST reserved seats every ten years (six amendments so far), and amending Article 74(1) to state that the President shall act on the Council of Ministers' advice (a clarification of existing practice).
2. Differing interpretations: when the judiciary and government disagreed, Parliament amended to make its interpretation authoritative; frequent in 1970-1975 (Fundamental Rights versus Directive Principles, right to property, scope of amending power).
3. Political consensus: many post-1984 amendments: anti-defection (52nd, 91st), voting age 21 to 18 (61st), 73rd and 74th, and reservation-related amendments after 1992-93 (77th, 81st, 82nd).

Worked example

Apart from the first decade, every decade since 1950 has seen a steady stream of amendments. What does this suggest about the view that amendments are mainly political tools of the party in power? (2 marks)

Try it first, then show the solutionSolution

1. Amendments were made under single-party dominance and under coalitions alike (ten in 1974-1976 and ten again in 2001-2003), so they did not depend only on a large majority.
2. This suggests that, whatever the party in power, changes were needed from time to time (technical changes, responses to court rulings and consensus reforms), not merely to serve one party.

Answer: It weakens that view: amendments were needed regardless of which party ruled, so they are not just political tools.

Controversial amendments: 38th, 39th and 42nd

NCERT section Controversial Amendments

• Amendments in 1970-1980 caused great legal and political controversy; opposition parties in 1971-1976 saw many as attempts to subvert the Constitution.
• The 38th, 39th and 42nd Amendments were the most controversial, made in the background of the internal Emergency from June 1975, and sought basic changes in crucial parts.

The 42nd Amendment:

• Wide-ranging: changed the Preamble, the Seventh Schedule and 53 articles; described as practically rewriting parts of the Constitution.
• Attempted to override the Kesavananda ruling.
• Extended the Lok Sabha's term from five to six years.
• Added Fundamental Duties.
• Restricted the review powers of the judiciary.
• Passed while many opposition MPs were in jail.

Reversal: in the 1977 elections the Congress was defeated; the new government, through the 43rd and 44th Amendments, cancelled most changes made by the 38th, 39th and 42nd, restoring constitutional balance.

Worked example

Explain why the 42nd Amendment is regarded as the most controversial amendment, and how the constitutional balance was later restored. (4 marks)

Try it first, then show the solutionSolution

1. Context: it was passed during the internal Emergency declared in June 1975, itself controversial, while many opposition MPs were in jail.
2. Scope: it changed the Preamble, the Seventh Schedule and 53 articles, practically rewriting parts of the Constitution; it extended the Lok Sabha's term from five to six years and added Fundamental Duties.
3. Courts: it restricted the review powers of the judiciary and tried to override the Kesavananda Bharati ruling.
4. Restoration: after the Congress lost the 1977 elections, the 43rd and 44th Amendments cancelled most changes made by the 38th, 39th and 42nd, and in Minerva Mills (1980) the Court reaffirmed the basic structure.

Answer: Its Emergency context, sweeping changes and attack on judicial review made it controversial; the 43rd and 44th Amendments and the Minerva Mills ruling restored the balance.

Basic structure and the evolution of the Constitution

NCERT section Basic Structure and Evolution of the Constitution

Kesavananda Bharati (1973) shaped constitutional evolution in three ways:
1. Set specific limits to Parliament's amending power: no amendment can violate the basic structure.
2. Allows Parliament to amend any and all parts within this limit.
3. Makes the judiciary the final authority on whether an amendment violates the basic structure and what the basic structure is.

• All institutions have accepted it; it has governed interpretation for four decades.
• The theory is not in the Constitution; it emerged from judicial interpretation, so the judiciary has practically amended the Constitution without a formal amendment: itself an example of a living constitution.
• It consolidated the balance: some parts unamendable (rigid), all others amendable (flexible).

Other informal changes by judicial interpretation:

• Reservations in jobs and education should not exceed 50%.
• Creamy layer: better-off persons among OBCs are not entitled to reservation benefits.
• Interpretations of the right to education, right to life and liberty, and minority educational institutions.

Review of the Constitution: in 2000 the government appointed a commission to review the working of the Constitution under Justice Venkatachaliah (retired CJI). Opposition parties and many organisations boycotted it, but it kept to the basic structure and suggested nothing that endangered it.

Worked example

In what sense has the judiciary 'amended' the Constitution without any formal amendment? Give two examples. (2 marks)

Try it first, then show the solutionSolution

1. The basic structure doctrine is not written in the Constitution; it came from judicial interpretation in Kesavananda Bharati (1973), yet it now limits every amendment, and the judiciary decides what it includes.
2. Other interpretations have also become accepted rules, such as the 50% limit on reservations and the exclusion of the OBC creamy layer from reservation benefits.

Answer: Through interpretation that changed the working of the Constitution, such as the basic structure limit and the 50% cap or creamy layer rule.

The Constitution as a living document

NCERT section Constitution as a Living Document

• Like a living being, the Constitution responds to experience and changing situations; this dynamism and openness to interpretation explain its durability, a hallmark of a democratic constitution.
• Key question since 1950: the supremacy of Parliament. Parliament represents the people and is expected to have an upper hand, but within the framework of the Constitution; democracy also means rule of law, institutions and balance among organs.

Contribution of the judiciary: Parliament wanted to make laws and amendments for the poor and needy; the judiciary insisted these stay within constitutional procedures, since bypassing law, even with good intentions, can excuse arbitrary power. In Kesavananda the Court looked to the spirit rather than the letter: the basic structure is that without which the Constitution cannot be imagined.

Maturity of political leadership: after Kesavananda, attempts to get it reconsidered failed; the 42nd Amendment asserted parliamentary supremacy, but the Court repeated its stand in Minerva Mills (1980). Parties, leaders, governments and Parliament accepted the inviolable basic structure; even the review exercise stayed within it.

Shared vision: Nehru's 'tryst with destiny' and the Assembly's vision (dignity and freedom of the individual, social and economic equality, well-being of all, unity) remain intact, so the Constitution remains respected.

Conclusion: debates on the basic structure are healthy; politics needs compromise and a common minimum ground. Organs will compete, but the final authority lies with the people.

Worked example

Suppose Parliament, with the required special majority and the ratification of half the States, passes an amendment suspending Lok Sabha elections for ten years. Could the courts still examine it? Would that be consistent with democracy? (6 marks)

Try it first, then show the solutionSolution

1. Procedure alone is not enough: since Kesavananda Bharati (1973), no amendment may violate the basic structure, however large the majority behind it.
2. The judiciary is the final authority on whether an amendment violates the basic structure, so the courts could examine whether elected representative government is part of what the Constitution cannot be imagined without.
3. The 42nd Amendment's extension of the Lok Sabha's term during the Emergency shows that large majorities can be used to change crucial parts of the Constitution, which is why such a check matters.
4. Objection: amending power belongs to elected representatives, and judicial review lets unelected judges override them.
5. Reply: democracy means rule of law and balance among institutions, not only majority rule; the chapter argues that bypassing constitutional limits, even with good intentions, can excuse arbitrary power, and that the final authority lies with the people.
6. Conclusion: judicial scrutiny of such an amendment would protect the democratic framework itself, so it is consistent with democracy rather than opposed to it.

Answer: Yes: the basic structure limit lets courts examine even a properly passed amendment, and this check protects democracy because Parliament's supremacy operates within the Constitution's framework.

Constitution as a Living Document in real life

Each concept, met in an everyday situation. Read the situation, answer the question in your own words, then compare with the model answer. The one-line hook is what to remember.

Topics in this chapter

• Amending the Constitution: Flexible and Rigid Methods, Special Majority and State Ratification
• Why So Many Amendments: Types of Amendments, the Emergency Amendments and the Basic Structure Doctrine

Constitution as a Living Document: key facts

Three methods of amendment

Simple majority	'by law', e.g. Arts. 2, 3
Special majority in each House	Art. 368
Special majority + half the State legislatures	distribution of powers, representation

Initiated only in Parliament; no referendum; President cannot return the bill.

Special majority

Votes in favour ≥ 1/2 of total strength AND ≥ 2/3 of those present and voting, in each House separately

Lok Sabha of 545: at least 273 in favour; no joint session.

Three groups of amendments

Technical	15th, 54th, SC/ST seat extensions, Art. 74(1)
Differing interpretations	1970-75
Political consensus	52nd, 61st, 73rd, 74th, 77th, 81st, 82nd, 91st

106 amendments by January 2024.

Controversial amendments

38th, 39th, 42nd (Emergency 1975) → reversed by 43rd, 44th after 1977

42nd: Preamble, Seventh Schedule, 53 articles, Lok Sabha 6 years, Fundamental Duties, limits on review.

Basic structure

1. 1.Kesavananda 1973
2. 2.Minerva Mills 1980 reaffirmed
3. 3.Venkatachaliah Commission 2000 respected it

Limit on Parliament + all else amendable + judiciary decides.

Foreign constitutions

• •USSR 1918, 1924, 1936, 1977; Russia 1993
• •France 1793, 1848, 1875, 1946, 1958
• •US amended 27 times

Switzerland: people can initiate amendments.

How the school exam asks Constitution as a Living Document

The question patterns to expect, and the method that works for each.

Tricks to remember Constitution as a Living Document

Short memory aids. Say each one aloud once, then use it on a question the same day.

• Three ways: S-S-S

  Simple (by law), Special (Art. 368), Special + States.

  Use it when: Methods of amendment.

• Special majority: Half and Two-thirds

  'Half the House, two-thirds of the voters': both, in each House.

  Use it when: Majority calculations.

• Groups: T-I-C

  Technical, Interpretation, Consensus.

  Use it when: Classifying amendments.

• Emergency trio 38-39-42, undone by 43-44

  'Three made it, two unmade it.'

  Use it when: Controversial amendments.

• Basic structure dates 73-80-2000

  Kesavananda 1973, Minerva Mills 1980, Venkatachaliah review 2000.

  Use it when: Evolution of the doctrine.

Constitution as a Living Document: exam-level solved questions

Ordered from exam level to HOTS. Cover the solution, write your own, then compare step by step.

Case-study practice (Section E style)

Read the situation, then answer every part. In a school exam set on the board pattern this is a 4-mark question split into 1 + 1 + 1 + 1 marks.

Where the marks are

How a typical answer is split into step marks. Show every step: a right final answer alone rarely earns full marks.

Where students lose marks in Constitution as a Living Document

The slips examiners see most often, and what to write instead.

• ✗Mistake: Using only the two-thirds condition

  Students remember 'two-thirds' as the special majority.

  Wrong working

  With 300 voting in a 545-member House, 200 votes in favour pass an amendment.

  Right working

  Also need at least half the total strength (273), so 273 are required.

  ✓Do this: Check both conditions; take the larger.

  Usually costs: 1-2 marks.

• ✗Mistake: Saying all States must ratify

  Federal consent sounds like unanimity.

  Wrong working

  Every State legislature must approve changes to the Union List.

  Right working

  Only half the State legislatures, each by simple majority.

  ✓Do this: Half the States, simple majority.

  Usually costs: 1 mark.

• ✗Mistake: Claiming the President can veto an amendment

  The President can return ordinary bills.

  Wrong working

  The President may send an amendment bill back to Parliament.

  Right working

  The President must assent; there is no power to return an amendment bill.

  ✓Do this: Amendment bill: no return.

  Usually costs: 1 mark.

• ✗Mistake: Treating the large number of amendments as proof of a weak Constitution

  106 sounds excessive.

  Wrong working

  Frequent amendments show the Constitution has failed.

  Right working

  Many are technical or consensual; the steady stream across decades shows adaptation, not failure.

  ✓Do this: Look at the content, not just the count.

  Usually costs: Evaluation marks.

• ✗Mistake: Saying the basic structure is listed in the Constitution

  It is so central that students assume it is written.

  Wrong working

  Article 368 lists the basic features.

  Right working

  The doctrine comes from judicial interpretation (Kesavananda, 1973); the Court decides case by case.

  ✓Do this: Basic structure = judge-made.

  Usually costs: 1-2 marks.

• ✗Mistake: Confusing the 42nd Amendment with its reversal

  42nd, 43rd, 44th are consecutive.

  Wrong working

  The 44th Amendment extended the Lok Sabha's term to six years.

  Right working

  The 42nd did; the 43rd and 44th cancelled most of those changes after 1977.

  ✓Do this: 42 changed, 43-44 restored.

  Usually costs: 1 mark.

NCERT exercise guide: Constitution as a Living Document

What each exercise in the NCERT chapter tests, how to approach it, and a question of the same kind solved step by step. Questions here are written in our own words.

Practice questions on Constitution as a Living Document

Write each answer on paper first. Open the hint only if you are stuck, and the answer only when you have finished.

1. Q1 · 1 mark · MCQExam level

   The Constitution of India was adopted on:
   (a) 15 August 1947
   (b) 26 November 1949
   (c) 26 January 1950
   (d) 26 January 1949

   Hint

   Adopted one date, enforced another.

   Answer

   (b) 26 November 1949.

2. Q2 · 1 mark · MCQExam level

   Which amendment reduced the voting age from 21 to 18?
   (a) 42nd
   (b) 52nd
   (c) 61st
   (d) 73rd

   Hint

   A consensus amendment of the late 1980s.

   Answer

   (c) 61st.

3. Q3 · 1 mark · MCQHarder exam level

   Consider the statements:
   1. Amendments affecting the distribution of powers need ratification by all State legislatures.
   2. There is no joint session for a constitutional amendment bill.
   3. No referendum is needed for an amendment.
   Which are correct?
   (a) 1 and 2
   (b) 2 and 3
   (c) 1 and 3
   (d) 1, 2 and 3

   Hint

   Half, not all, the States.

   Answer

   (b) 2 and 3.

4. Q4 · 1 mark · MCQHarder exam level

   Match:
   A. 15th Amendment 1. Anti-defection
   B. 52nd Amendment 2. Retirement age of High Court judges
   C. 54th Amendment 3. Most changes of the Emergency era reversed
   D. 44th Amendment 4. Salaries of judges
   (a) A-2, B-1, C-4, D-3
   (b) A-1, B-2, C-4, D-3
   (c) A-2, B-1, C-3, D-4
   (d) A-4, B-1, C-2, D-3

   Hint

   Technical, consensus, technical, restoration.

   Answer

   (a).

5. Q5 · 1 mark · Assertion-reasonHarder exam level

   Assertion (A): The basic structure doctrine has made the amending process both rigid and flexible.
   Reason (R): It makes certain features unamendable while allowing amendments to all other parts.
   Choose the correct option as in the standard A-R format.

   Hint

   Balance.

   Answer

   (a) Both true; R explains A.

6. Q6 · 1 mark · MCQHOTS / competency

   In a House of 250 members, 210 are present and voting on an amendment bill. What is the minimum number of votes in favour required?
   (a) 126
   (b) 140
   (c) 141
   (d) 167

   Hint

   Compute both conditions.

   Answer

   (b) 140: half of 250 needs 125; two-thirds of 210 is exactly 140; the larger figure, 140, applies.

7. Q7 · 2 marks · Short answerExam level

   A party holds 300 of the 545 Lok Sabha seats. If all members are present and voting, it can pass the budget on its own but not a constitutional amendment. Explain why, and what this rule is meant to achieve. (2 marks)

   Hint

   Two-thirds of 545; broad support.

   Answer

   The budget needs only a simple majority (273 of 545), but an amendment needs two-thirds of those voting (at least 364 if all 545 vote) as well as half the total strength, so the party must win over some opposition members. The special majority makes sure the Constitution is changed only with broad political consensus and, as Ambedkar argued, with public opinion behind it, not by a narrow majority.

8. Q8 · 2 marks · Short answerHarder exam level

   Give two reasons why disagreements between Parliament and the judiciary over amendments are natural in a democracy, and say how the basic structure doctrine has reduced them. (2 marks)

   Hint

   Interpretation; rigid and flexible parts.

   Answer

   Different interpretations of the Constitution and of each institution's powers are possible, and the Constitution gives special importance to some principles while also allowing amendment by special majority, so debate is natural. The basic structure doctrine settled the boundary: Parliament may amend any part but not the basic structure, and the judiciary decides what that is; after Minerva Mills (1980) all institutions accepted this.

9. Q9 · 4 marks · Short answerHarder exam level

   Explain how judicial interpretation has amended the Constitution informally. (4 marks)

   Hint

   Basic structure, 50%, creamy layer.

   Answer

   The basic structure doctrine (Kesavananda, 1973) is nowhere in the text but now limits all amendments. The Court held that reservations should not exceed 50% of seats, now an accepted principle. It introduced the creamy layer, excluding better-off OBCs from reservation. It has also interpreted the right to education, the right to life and liberty and minority educational rights. These rulings changed the meaning of the Constitution without formal amendment.

10. Q10 · 6 marks · Long answerHOTS / competency

    'Political leaders have shown maturity in working the Constitution.' Discuss with reference to the basic structure controversy. (6 marks)

    Hint

    Conflict, then acceptance.

    Answer

    Between 1967 and 1973 Parliament and the judiciary clashed fiercely over property and amending power. After Kesavananda (1973), attempts to get the ruling reconsidered failed, and the 42nd Amendment asserted parliamentary supremacy. The Court reaffirmed its view in Minerva Mills (1980). Thereafter parties, leaders, governments and Parliament accepted an inviolable basic structure; the 43rd and 44th Amendments restored balance after 1977, and even the 2000 review commission did not cross the basic structure. Leaders also built consensus for amendments in coalition years. Yet the chapter accepts that the 1970s showed immaturity too. Overall, compromise and a common minimum ground have made the Constitution work, though debates continue, as is healthy in a democracy.

11. Q11 · 4 marks · Short answerHarder exam level

    Why did the Indian Constitution survive when the USSR and France adopted several constitutions? (4 marks)

    Hint

    Robust, amendable, interpreted, shared vision.

    Answer

    Its basic framework was robust and suited to India, and the framers were farsighted; it accepted the need for amendment and balanced flexibility with rigidity; politics and courts interpreted it flexibly, and the basic structure doctrine protected its core; and the shared vision of the national movement (dignity, equality, well-being, unity) kept it an object of respect.

Test your recall

Answer in your head or on paper first, then open the card. Pulling an answer out of memory makes it stick far better than re-reading.

1. 1.How many constitutions did the Soviet Union have?Show answer

   Four (1918, 1924, 1936, 1977).

2. 2.How many times had the US Constitution been amended according to the chapter?Show answer

   27 times.

3. 3.Which Article lays down the procedure for amendment?Show answer

   Article 368.

4. 4.What indicates that an article can be changed by simple majority?Show answer

   The words 'by law', as in Articles 2 and 3.

5. 5.In which country can people initiate a constitutional amendment?Show answer

   Switzerland.

6. 6.How many times had the Constitution been amended by January 2024?Show answer

   106 times in 74 years.

7. 7.How many amendments have extended SC/ST reserved seats so far?Show answer

   Six.

8. 8.What idea did the Supreme Court introduce in the OBC reservation case?Show answer

   The creamy layer.

9. 9.Who chaired the 2000 commission to review the working of the Constitution?Show answer

   Justice Venkatachaliah, a retired Chief Justice of India.

Quick revision checklist

The night before the exam: can you do each of these without looking?

• ☐USSR: 4 constitutions, Russia new one 1993; France: 5 republics; India: one since 1950.
• ☐India's Constitution lasts: robust design, amendable, flexibly interpreted.
• ☐Framers balanced 'sacred document' and 'instrument'; it is not static or unalterable.
• ☐Methods: simple majority ('by law'), special majority (Art. 368), special majority + half the States.
• ☐Special majority: ≥ half total strength and ≥ two-thirds of those voting, each House; no joint session.
• ☐Only Parliament initiates; no referendum or outside body; President cannot return amendment bills.
• ☐106 amendments by 2024; ten in 1974-76 (Congress dominance) and ten in 2001-03 (coalitions).
• ☐Groups: technical (15th, 54th), differing interpretations (1970-75), consensus (52nd, 61st, 73rd, 74th, 77th, 81st, 82nd, 91st).
• ☐38th, 39th, 42nd controversial (Emergency); 43rd and 44th restored balance.
• ☐Basic structure: Kesavananda 1973, Minerva Mills 1980; judiciary decides; informal amendments (50% cap, creamy layer).
• ☐Living document: responds to experience; final authority with the people.

Constitution as a Living Document: frequently asked questions