CONSTITUTION AS A LIVING DOCUMENT
Chapter 9
1. Choose the correct statement from the following. A constitution needs to be amended from time to time because,
√ Circumstances change and require suitable changes in the constitution.
√ A document written at one point of time becomes outdated after some time.
√ Every generation should have a constitution of its own liking.
√ It must reflect the philosophy of the existing government.
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2. Write True / False against the following statements.
a. The President cannot send back an amendment bill for reconsideration of Parliament.
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b. Elected representatives alone have the power to amend the Constitution.
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c. The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.
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d. Parliament can amend any section of the Constitution.
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3. Which of the following are involved in the amendment of the Indian Constitution? In what way are they involved?
a. Voters
b. President of India
c. State Legislatures
d. Parliament
e. Governors
f. Judiciary
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4. You have read in this chapter that the 42nd amendment was one of the most controversial amendments so far. Which of the following were the reasons for this controversy?
a. It was made during national emergency, and the declaration of that emergency was itself controversial.
b. It was made without the support of special majority.
c. It was made without ratification by State legislatures.
d. It contained provisions, which were controversial.
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5. Which of the following is not a reasonable explanation of the conflict between the legislature and the judiciary over different amendments?
a. Different interpretations of the Constitution are possible.
b. In a democracy, debates and differences are natural.
c. Constitution has given higher importance to certain rules and principles and also allowed for amendment by special majority.
d. Legislature cannot be entrusted to protect the rights of the citizens.
e. Judiciary can only decide the constitutionality of a particular law; cannot resolve political debates about its need.
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6. Identify the correct statements about the theory of basic structure. Correct the incorrect statements.
a. Constitution specifies the basic tenets.
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b. Legislature can amend all parts of the Constitution except the basic structure.
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c. Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.
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d. This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.
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e. This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.
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7. From the information that many amendments were made during 2000-2003, which of the following conclusions would you draw?
a. Judiciary did not interfere in the amendments made during this period.
b. One political party had a strong majority during this period.
c. There was strong pressure from the pubic in favour of certain amendments.
d. There were no real differences among the parties during this time.
e. The amendments were of a non-controversial nature and parties had an agreement on the subject of amendments.
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8. Explain the reason for requiring special majority for amending the onstitution.
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9. Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and Parliament. Explain with examples.
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10. If amending power is with the elected representatives, judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.
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