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Constitution as a Living Document – Class 11 Political Science notes, important questions and MCQs

NCERT Class 11 Political Science, chapter 9. Notes, key terms, important questions with answers and MCQs.

Chapter overview

The Indian Constitution is a living document because it has adapted to changing needs while preserving its core values. It can be amended under Article 368 through procedures of different difficulty, and courts have interpreted it creatively. The basic structure doctrine ensures that amendments cannot destroy its essential features.

Methods of amendment

Some provisions can be changed by a simple majority of Parliament outside Article 368, such as creating new states.
Most provisions need a special majority: a majority of the total membership of each House and two-thirds of members present and voting.
Provisions affecting federal structure, such as the election of the President or representation of states, need a special majority plus ratification by at least half of the state legislatures.
There is no referendum and no separate body for amendment; the President cannot return an amendment bill.

Why so many amendments

The Constitution has been amended more than a hundred times.
Many amendments are technical or administrative, such as changes in judges' salaries or the number of seats.
Some arose from differing interpretations between the judiciary and Parliament, while others were made through political consensus, such as the 73rd and 74th Amendments.
Controversial amendments include the 42nd Amendment (1976), often called a mini-constitution, many of whose changes were reversed by the 44th Amendment (1978).

Basic structure and judicial interpretation

In Kesavananda Bharati (1973) the Supreme Court held that Parliament can amend any part of the Constitution but not its basic structure.
Features held to be part of the basic structure include supremacy of the Constitution, democracy, secularism, federalism, separation of powers, judicial review and fundamental rights' core.
This balance between rigidity and flexibility has allowed the Constitution to evolve while remaining stable.

Key terms

Amendment: a formal change made in the Constitution
Special majority: a majority of total membership and two-thirds of those present and voting in each House
Ratification: approval of an amendment by state legislatures
Basic structure doctrine: the principle that Parliament cannot amend the essential features of the Constitution
Living document: a constitution that evolves and adapts to new circumstances

Important questions with answers

What is a special majority?2 marks

A special majority means that an amendment bill must be passed in each House of Parliament by a majority of the total membership of that House and by at least two-thirds of the members present and voting.

Why is the Indian Constitution called a living document?3 marks

The Indian Constitution is called a living document because it has adapted to changing circumstances through more than a hundred amendments and through judicial interpretation, while keeping its basic values intact. Its amendment procedure is neither too rigid nor too flexible, and the basic structure doctrine prevents changes that would destroy its essence.

Explain the procedure of amending the Indian Constitution and the significance of the basic structure doctrine.5 marks

Article 368 provides for amendment of the Constitution, and there are three methods. First, some provisions can be changed by a simple majority of Parliament, like ordinary laws, such as creating new states or changing their boundaries; these are technically outside Article 368. Second, most provisions, including Fundamental Rights and Directive Principles, can be amended by a special majority, which requires a majority of the total membership of each House and two-thirds of the members present and voting. Third, provisions related to the federal structure, such as the election of the President, the powers of the Union and states, representation of states in Parliament and Article 368 itself, need a special majority plus ratification by at least half of the state legislatures. An amendment bill can be introduced only in Parliament, each House must pass it separately without a joint sitting, and the President must give assent. The basic structure doctrine was laid down in the Kesavananda Bharati case (1973), when the Supreme Court held that Parliament has wide power to amend the Constitution but cannot alter its basic structure, such as supremacy of the Constitution, democracy, secularism, federalism, separation of powers and judicial review. This doctrine is significant because it allows the Constitution to change with the times while protecting its core values from being destroyed by a temporary majority, making it both flexible and stable.

Quick revision

Article 368: simple, special, special + ratification.
More than 100 amendments.
42nd (1976) and 44th (1978) Amendments.
Basic structure limits amendment.

Exam tips

Make a chart of the three methods of amendment with one example each.
Remember the link: Kesavananda Bharati (1973) → basic structure.

Practice MCQs

The procedure for amending the Constitution is in Article
1. 32
2. 356
3. 368
4. 370
Show answer
Answer: (c) 368. It lays down the special majority.
The amendment often called a 'mini-constitution' is the
1. 24th
2. 42nd
3. 61st
4. 73rd
Show answer
Answer: (b) 42nd. It was passed in 1976.
A constitution that adapts to changing needs is called
1. a rigid document
2. a temporary document
3. an expired document
4. a living document
Show answer
Answer: (d) a living document. It evolves over time.
An amendment affecting the election of the President needs
1. special majority and ratification by half the states
2. special majority only
3. simple majority
4. a referendum
Show answer
Answer: (a) special majority and ratification by half the states. It affects the federal structure.
Special majority means
1. majority of total membership and two-thirds of members present and voting
2. half of members present
3. unanimous vote
4. one-third of members
Show answer
Answer: (a) majority of total membership and two-thirds of members present and voting. It applies in each House.
Many changes made by the 42nd Amendment were reversed by the
1. 44th Amendment
2. 52nd Amendment
3. 61st Amendment
4. 86th Amendment
Show answer
Answer: (a) 44th Amendment. It was passed in 1978.
Which is NOT true of the amendment procedure
1. amendments can be initiated only in Parliament
2. there is a referendum for every amendment
3. some need state ratification
4. a special majority is often required
Show answer
Answer: (b) there is a referendum for every amendment. India has no referendum.
The basic structure doctrine means that
1. Parliament cannot amend the Constitution at all
2. Parliament can amend but cannot destroy the essential features
3. only courts can amend
4. states can block all amendments
Show answer
Answer: (b) Parliament can amend but cannot destroy the essential features. It balances flexibility and stability.

All chapters of Class 11 Political Science

Written by Kundali IQ from standard, well-established facts to help with revision. This is not an official NCERT publication; always read your textbook too.