Constitution: Kinds and Amending Procedures, ISC Class 12 Political Science

What Constitution is about

Weightage: CISCE publishes no chapter or unit weightage for ISC Political Science. Constitution is part of Section A: Constitution and Government, 2 of the 2027 syllabus and can be asked anywhere in the 80-mark Paper I (Section A 16 one-mark items, Section B 4-mark short answers, Section C 8-mark long answers).Source: CISCE ISC Political Science (852) syllabus, examination year 2027; ISC 2027 specimen question paper

Key concepts

Meaning of a constitution

A constitution is the fundamental law of a state: a body of rules, written or unwritten, that
1. establishes the main organs of government (legislature, executive, judiciary);
2. distributes power among them and, in a federation, between the Centre and the units;
3. regulates the relations between government and citizens, especially through rights and duties;
4. states the goals and values of the political community (as the Preamble of India's Constitution does);
5. lays down how it may itself be changed.

Why it matters: it limits government (constitutionalism), provides stability and predictability, and protects minorities and individuals from the majority. Every state has a constitution in this sense, even if it is not a single document.

Worked example

[4] What is meant by a constitution? State any three functions it performs. (Understand)

Try it first, then show the solutionSolution

1. Meaning: the fundamental law of the state that sets up and limits government - 1 mark.
2. Establishes the organs of government and distributes powers among them - 1 mark.
3. Defines the relationship between the state and citizens through rights and duties - 1 mark.
4. Lays down the method of its own amendment and states national goals - 1 mark.

Answer: A constitution is the fundamental law of a state, the body of rules by which it is governed. It creates the organs of government and distributes powers among them; it defines the relation between government and citizens through rights, duties and limits on power; and it lays down how it may be amended, often stating the nation's goals as well.

Written and unwritten constitutions

Written constitution: a constitution framed by a constituent assembly or convention at a particular time and contained in a single, formal document (or a few documents). Examples: the USA (1787), India (adopted 26 November 1949, in force 26 January 1950).

Unwritten constitution: a constitution not contained in a single document but made up of statutes, conventions, judicial decisions, customs and authoritative works, which have grown over time. Example: the United Kingdom (with Magna Carta 1215, the Bill of Rights 1689, the Parliament Acts 1911 and 1949, and conventions such as the monarch acting on ministers' advice).

Merits of a written constitution
1. Clear and definite: rights and powers can be found in one document.
2. Protects rights against the government, since the constitution is above ordinary law.
3. Essential for a federation, where powers must be clearly divided.
4. Gives stability and prevents arbitrary change.

Demerits of a written constitution
1. Can become outdated and is hard to change with the times.
2. Leads to more litigation over interpretation.
3. May be too long and detailed (as India's is).

Merits of an unwritten constitution
1. Flexible: adapts easily to new circumstances through conventions and statutes.
2. Evolves gradually, reflecting the people's traditions.
3. Avoids revolutionary breaks; suits a homogeneous, politically mature country.

Demerits of an unwritten constitution
1. Vague and uncertain: hard for ordinary citizens to know.
2. Rights depend on the majority in Parliament and can be changed by ordinary law.
3. Unsuitable for federations and for new, diverse democracies.

Worked example

[4] India and Britain are both democracies, yet one has a written constitution and the other an unwritten one. Distinguish between the two kinds on any two points. (Understand)

Try it first, then show the solutionSolution

1. Origin: a written constitution is framed by a constituent body at a particular time; an unwritten one grows over time through history, conventions and statutes - 2 marks.
2. Form: a written constitution is a single identifiable document enacted on a date (USA 1787, India 1950); an unwritten one is drawn from many sources (UK) - 2 marks.

Answer: (1) Origin: a written constitution is deliberately framed by a constituent assembly or convention at a particular time, as India's was by the Constituent Assembly (1946-49); an unwritten constitution has grown gradually through history, as Britain's has. (2) Form: a written constitution is a single document adopted on a definite date, such as the US Constitution of 1787; an unwritten constitution is found in many sources, including statutes, conventions, judicial decisions and customs.

Rigid and flexible constitutions

Rigid constitution: one that cannot be amended by the ordinary law-making process; it needs a special procedure, such as a special majority, a referendum or ratification by the federating units. Example: the USA.

Flexible constitution: one that can be amended by the same procedure as ordinary laws. Example: the United Kingdom.

India: partly rigid and partly flexible (some provisions by simple majority, most by special majority, federal provisions also need ratification by half the states).

Merits of a rigid constitution
1. Stability: not changed by passing majorities.
2. Protects fundamental rights and minorities.
3. Suitable for a federation, protecting the units' powers.
4. Prevents hasty, emotional changes.

Demerits of a rigid constitution
1. Hard to adapt to changing needs; may become outdated.
2. Can lead to revolution if necessary change is blocked.
3. Gives courts great power in interpreting it.

Merits of a flexible constitution
1. Adapts easily to change; growth without revolution.
2. Useful in emergencies.
3. Suits a homogeneous, politically mature people.

Demerits of a flexible constitution
1. Instability: may be changed by a temporary majority.
2. Weak protection of rights.
3. Unsuitable for a federation or a diverse country.

Worked example

[4] Explain two merits and two demerits of a rigid constitution. (Evaluate)

Try it first, then show the solutionSolution

1. Merit: stability; cannot be changed by a temporary majority - 1 mark.
2. Merit: protects rights and the powers of federal units (essential for a federation like the USA) - 1 mark.
3. Demerit: hard to change, so it may lag behind social needs - 1 mark.
4. Demerit: blocked change may lead to unrest or revolution; heavy reliance on judicial interpretation - 1 mark.

Answer: Merits: a rigid constitution gives stability, since it cannot be altered by a passing majority, and it protects fundamental rights and the powers of federal units, as in the USA. Demerits: it is difficult to change, so it may fail to keep pace with social needs, and when necessary changes are blocked it can lead to unrest or force courts to adapt it through interpretation.

Amending the constitution of the UK

1. The UK constitution is flexible: any part of it can be changed by an ordinary Act of Parliament passed by a simple majority in both Houses and given royal assent. There is no special procedure.
2. Even laws of great constitutional importance were made in this way: the Parliament Acts of 1911 and 1949 (limiting the House of Lords), the Human Rights Act 1998, the devolution Acts (1998) and the Constitutional Reform Act 2005 (which created the Supreme Court).
3. The House of Lords can delay most bills for about a year but cannot block them; it cannot delay money bills for more than a month.
4. Conventions change by practice, without any law.
5. Judicial decisions interpreting statutes and common law also develop the constitution.
6. Referendums (for example on devolution) are held at Parliament's choice and are not legally required.

Result: Parliament is sovereign; no court can declare its Acts unconstitutional.

Worked example

[4] How is the British constitution amended? Give four points. (Recall)

Try it first, then show the solutionSolution

1. By an ordinary Act of Parliament, passed by a simple majority - 1 mark.
2. No special procedure or majority; the same process as ordinary law - 1 mark.
3. Examples: Parliament Acts 1911 and 1949; devolution Acts 1998 - 1 mark.
4. Conventions change by practice; judicial decisions develop it; courts cannot strike down Acts - 1 mark.

Answer: The British constitution is amended (1) by ordinary Acts of Parliament passed by simple majorities, (2) with no special procedure, so constitutional and ordinary laws are made alike; (3) major changes such as the Parliament Acts of 1911 and 1949 and the devolution Acts of 1998 were made this way; and (4) conventions evolve through practice and judges develop the common law, while no court can strike down an Act of Parliament.

Amending the constitution of the USA (Article V)

The US Constitution is very rigid. An amendment has two stages.

Stage 1: Proposal (either way)
(a) By a two-thirds majority in both Houses of Congress (the House of Representatives and the Senate); or
(b) By a national convention called by Congress on the application of the legislatures of two-thirds of the states (this method has never been used).

Stage 2: Ratification (either way, chosen by Congress)
(a) By the legislatures of three-quarters of the states (38 of 50); or
(b) By conventions in three-quarters of the states (used only once, for the 21st Amendment in 1933).

Other points

• The President has no formal role: he cannot veto an amendment.
• No state can be deprived of its equal representation in the Senate without its consent.
• Congress may set a time limit for ratification.
• Because of this difficulty, only 27 amendments have been made since 1787 (the first ten, the Bill of Rights, in 1791).
• The Constitution also changes through judicial interpretation by the Supreme Court and through conventions (for example the party system).

Worked example

[4] Trace the stages an amendment to the US Constitution must pass through, and show why the process makes the Constitution rigid. (Understand)

Try it first, then show the solutionSolution

1. Article V: two stages, proposal and ratification - 1 mark.
2. Proposal by a two-thirds vote in both Houses of Congress - 1 mark.
3. Or by a national convention called on the request of two-thirds of the state legislatures - 1 mark.
4. Ratification by three-quarters of the state legislatures, or by conventions in three-quarters of the states; the President has no role - 1 mark.

Answer: Under Article V an amendment passes through two stages. It is proposed either by a two-thirds majority in both Houses of Congress or by a national convention called by Congress at the request of two-thirds of the state legislatures. It must then be ratified either by the legislatures of three-quarters of the states or by conventions in three-quarters of the states. The President has no part in the process, which is why only 27 amendments have been made.

Amending the Constitution of India (Article 368)

India's Constitution is partly rigid and partly flexible; it can be amended in three ways.

1. By a simple majority of Parliament (like an ordinary law). These are not counted as amendments under Article 368. Examples: admission or formation of new states and changes in boundaries (Articles 2, 3, 4), creation or abolition of Legislative Councils in states (Article 169), citizenship matters, and the Fifth and Sixth Schedules.

2. By a special majority of Parliament: a majority of the total membership of each House and a majority of not less than two-thirds of the members present and voting. Most of the Constitution is amended this way, including Fundamental Rights and Directive Principles.

3. By a special majority of Parliament plus ratification by the legislatures of not less than half of the states. This is required for provisions concerning the federal structure, such as:

• the election of the President and its manner;
• the extent of the executive power of the Union and the states;
• the Supreme Court and the High Courts;
• the distribution of legislative powers between the Union and the states (Seventh Schedule);
• the representation of states in Parliament;
• Article 368 itself.

Procedure

• An amendment bill can be introduced in either House of Parliament (not in a state legislature), by a minister or a private member.
• Each House must pass it separately by the required majority; there is no joint sitting in case of disagreement.
• After ratification where needed, it goes to the President, who must give assent (since the 24th Amendment, 1971).

Limit: in the Kesavananda Bharati case (1973) the Supreme Court held that Parliament may amend any part of the Constitution but cannot destroy its 'basic structure' (for example democracy, secularism, federalism, judicial review).

Worked example

[4] Explain the three methods of amending the Indian Constitution. (Understand)

Try it first, then show the solutionSolution

1. Simple majority of Parliament: e.g. formation of new states, creation of Legislative Councils - 1 mark.
2. Special majority: majority of total membership and two-thirds of members present and voting in each House; e.g. Fundamental Rights - 1 mark.
3. Special majority plus ratification by at least half the state legislatures; e.g. election of the President, Supreme Court, Seventh Schedule - 1 mark.
4. Bill only in Parliament; no joint sitting; President must assent; limited by the basic structure doctrine - 1 mark.

Answer: Some provisions, such as forming new states (Articles 2-4) or creating Legislative Councils, can be changed by a simple majority of Parliament. Most, including the Fundamental Rights, need a special majority: a majority of the total membership of each House and two-thirds of those present and voting. Provisions affecting the federal structure, such as the President's election, the Supreme Court or the Seventh Schedule, need a special majority plus ratification by at least half the states. An amendment bill can begin only in Parliament, there is no joint sitting, the President must give assent, and Parliament cannot alter the basic structure.

Constitution 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 Procedures of the Constitutions of the UK, USA and India

Constitution: key facts

Written vs unwritten

One document framed at a time (USA 1787, India 1950) vs many sources grown over time (UK)

About form.

Rigid vs flexible

Special procedure (USA) vs ordinary law-making (UK)

About amendment; India is both.

UK amendment

Ordinary Act of Parliament by simple majority

Parliament sovereign; conventions.

USA amendment (Article V)

Propose: 2/3 of both Houses or convention on 2/3 of states. Ratify: 3/4 of state legislatures or conventions

No presidential role; 27 amendments.

India amendment (Article 368)

Simple majority; special majority (majority of total + 2/3 present and voting); special majority + half the states

No joint sitting; President must assent (24th Amendment).

Basic structure

Kesavananda Bharati, 1973

Parliament cannot destroy the Constitution's basic features.

How the board asks Constitution

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

Tricks to remember Constitution

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

• USA: '2-3 then 3-4'

  Two-thirds of Congress to propose, three-quarters of states to ratify.

  Use it when: Prevents mixing the two stages.

• India: 'S-S-S+'

  Simple, Special, Special plus States.

  Use it when: Three methods under Article 368.

• Form vs change

  Written/unwritten = how it looks; rigid/flexible = how it changes.

  Use it when: Classification questions.

Constitution: board-level solved questions

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

Case-study practice (Section D style)

Read the situation, then answer every part. In the board paper this is a 8-mark question split into 3 + 2 + 2 + 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

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

• ✗Mistake: Describing only one stage of the US procedure, or mixing the fractions

  CISCE examiners' comments, 2024: candidates 'Explained only one stage of the amending procedure', 'Confused the 2/3rd majority in both houses with the 3/4th ratification by states' and 'Wrongly linked amendment to the Presidential signature.'

  Wrong working

  An amendment needs three-quarters of Congress and the President's signature.

  Right working

  Proposal: two-thirds of both Houses. Ratification: three-quarters of the states. No presidential signature.

  ✓Do this: Remember '2-3 then 3-4'.

  Usually costs: Up to 3 marks.

• ✗Mistake: Choosing 'partly written and partly unwritten' as the ideal constitution for a federal state

  CISCE examiners' comments, 2024 (MCQ on the constitution a federal state should have): 'Some candidates chose option (c), partly written and partly unwritten.'

  ✓Do this: A federation needs a written and rigid constitution, so the division of powers is recorded and cannot be changed by one level alone.

  Usually costs: 1 mark.

• ✗Mistake: Defaulting to option (a) in assertion-reason

  CISCE examiners' comments, 2025: candidates 'Skimmed the statements and defaulted to option A without checking whether the Reason explains the Assertion.'

  ✓Do this: Ask: does R give the cause of A? If R is about something else, choose (b).

  Usually costs: 1 mark.

• ✗Mistake: Incomplete differences

  CISCE examiners' suggestion, 2025 (written versus unwritten): 'Ensure students avoid writing incomplete statements.'

  Wrong working

  A written constitution is written down.

  Right working

  A written constitution is one document framed by a constituent body on a date; an unwritten one is drawn from many sources that grew over time.

  ✓Do this: State both sides of every difference.

  Usually costs: 1 mark per difference.

Practice questions on Constitution

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 · Very short answerBoard level

   How many states must ratify an amendment to the US Constitution?

   Hint

   Three-quarters of 50.

   Answer

   Three-quarters of the states, that is 38 of 50.

2. Q2 · 1 mark · Very short answerBoard level

   Which Article of the Indian Constitution deals with the amending power of Parliament?

   Hint

   Part XX.

   Answer

   Article 368.

3. Q3 · 1 mark · MCQHarder board level

   Which of these provisions of the Indian Constitution needs ratification by half the states to be amended?
   (a) Formation of a new state
   (b) Fundamental Rights
   (c) Election of the President
   (d) Creation of a Legislative Council in a state

   Hint

   Federal feature.

   Answer

   (c) Election of the President.

4. Q4 · 1 mark · Very short answerHarder board level

   Name the case in which the Supreme Court laid down the basic structure doctrine.

   Hint

   1973.

   Answer

   Kesavananda Bharati v. State of Kerala (1973).

5. Q5 · 4 marks · Short answerBoard level

   [4] Explain two merits and two demerits of a flexible constitution.

   Hint

   Adaptability versus instability.

   Answer

   Merits: (1) it adapts quickly to new needs and emergencies; (2) it allows growth without revolution. Demerits: (1) it may be changed by a temporary majority, causing instability; (2) it gives weak protection to rights and is unsuitable for a federation.

6. Q6 · 4 marks · Short answerHarder board level

   [4] Distinguish between a rigid and a flexible constitution with examples.

   Hint

   Procedure; examples; stability; suitability.

   Answer

   (1) A rigid constitution needs a special procedure to amend (USA: two-thirds of Congress and three-quarters of the states); a flexible one is amended like ordinary law (UK). (2) Rigid constitutions distinguish constitutional from ordinary law; flexible ones do not. (3) Rigid ones give stability and protect rights; flexible ones adapt easily but may be unstable. (4) Rigid constitutions suit federations; flexible ones suit unitary, homogeneous states.

7. Q7 · 4 marks · Short answerHOTS / competency

   [4] 'The US Constitution has been changed more by the Supreme Court than by amendments.' Analyse.

   Hint

   27 amendments versus judicial review.

   Answer

   (1) Only 27 formal amendments have been made in over two centuries because Article V is so demanding. (2) Through judicial review the Supreme Court has reinterpreted the Constitution to suit changing times, for example ending school segregation in Brown (1954). (3) Conventions such as the party system have also changed its working. (4) So, while amendments mark key changes, interpretation has been the main way the Constitution has adapted.

8. Q8 · 4 marks · Short answerHOTS / competency

   [4] Why are written constitutions usually rigid? Give two reasons and one exception.

   Hint

   Framed deliberately; protect federations.

   Answer

   (1) A written constitution is framed deliberately as a higher law, so a special procedure is set to protect it from ordinary legislation. (2) Most written constitutions belong to federations or new democracies that need stability and protection of rights. Exception: a written constitution can still be partly flexible, as India's is, where some provisions change by a simple majority.

9. Q9 · 8 marks · Long answerHOTS / competency

   [8] (a) Explain the procedure for amending the Constitution of India. [4]
   (b) Compare it with the procedure in the USA. [4]

   Hint

   (a) three methods and steps; (b) four comparisons.

   Answer

   (a) Simple majority for some provisions (new states, Legislative Councils); special majority (majority of total membership and two-thirds present and voting in each House) for most; special majority plus ratification by half the states for federal provisions. A bill may be introduced in either House of Parliament only; each House must pass it separately; the President must give assent; the basic structure cannot be destroyed. (b) (1) The USA has a single rigid method, India three methods. (2) In the USA the states take part in every amendment; in India only in federal ones, and half of them suffice. (3) US amendments can be proposed by a convention on the states' request; in India only Parliament can propose. (4) The US President has no role; the Indian President must assent. India has had many more amendments than the USA.

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.When did India's Constitution come into force?Show answer

   26 January 1950.

2. 2.What is a 'special majority' under Article 368?Show answer

   A majority of the total membership of each House and two-thirds of the members present and voting.

3. 3.Which US amendment was ratified by state conventions?Show answer

   The 21st Amendment (1933).

4. 4.Name two Acts that changed the UK constitution.Show answer

   Any two: Parliament Acts 1911 and 1949; Human Rights Act 1998; devolution Acts 1998; Constitutional Reform Act 2005.

5. 5.Can a state legislature initiate an amendment to India's Constitution?Show answer

   No. An amendment bill can be introduced only in Parliament.

Quick revision checklist

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

• ☐Constitution: fundamental law creating, empowering and limiting government.
• ☐Written: one document, framed at a time (USA, India). Unwritten: many sources, evolved (UK).
• ☐Rigid: special procedure (USA). Flexible: ordinary law (UK). India: partly both.
• ☐UK: ordinary Act of Parliament, simple majority; conventions; Parliament sovereign.
• ☐USA (Article V): propose by 2/3 Congress or convention; ratify by 3/4 states; no President; 27 amendments.
• ☐India (Article 368): simple majority; special majority; special majority + half the states; no joint sitting; President must assent; basic structure limit.

Constitution: frequently asked questions