Constitution as a Living Document

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Constitution as a Living Document

• A living document changes and adapts in accordance to societal needs.
• The Indian Constitution is a living document as its flexible and evolves while keeping its core principles intact.
• It guides India, adjusting to new challenges without losing the fundamental values of democracy, justice, equality, and freedom.

How the Constitution Evolves

• Framers included the process to amend, or change the Constitution to accommodate changes.
• Article 368 provides the guidelines for creating amendments.
• Simple amendments require only a majority in Parliament, while complex ones require approval from both Parliament and States.

Official Changes in the Constitution (Amendments)

• 73rd and 74th Amendments in 1992 introduced local self-governance, such as Panchayati Raj and Municipalities.
• 101st Amendment in 2016 introduced GST, making taxation uniform across India

Judicial Interpretation: Expanding the Meaning

• The Supreme Court has a role to interpret the Constitution through expansion and explanation.
• The 1973 ruling in Kesavananda Bharati Case ruled that Parliament cannot change the "Basic Structure" which includes democracy, secularism, and federalism principle.
• Right to Privacy was declared a Fundamental Right in 2017 even though it was not originally in the Constitution.
• Vishaka Case in 1997 introduced laws against workplace harassment based on constitutional rights.

New Laws and Government Decisions

• Parliament makes new laws to address modern issues, ensuring the Constitution remains relevant to society.
• 86th Amendment in 2002 made Right to Education a Fundamental Right for children ages six to fourteen
• In 2021, the 105th amendment allowed states to make decisions on reservations for Backward Classes.

Social Changes and Public Movements

• These can influence changes within the Constitution due to public demand and activism.
• 103rd Amendment in 2019 introduced reservation for Economically Weaker Sections (EWS).
• Decriminalization of Section 377 in 2018 legalized same-sex relationships.

Unwritten Rules and Political Traditions

• Some changes occur without amending, but by following new traditions and political practices
• The President follows the Prime Minister's advice, even though earlier the President had more power.
• The Leader of Opposition is an important figure in Parliament, though not originally mentioned in the Constitution.

Significance of Article 368 in the Indian Constitution

• Article 368 provides the procedure for amending the Constitution, which allows it to evolve with time while maintaining its fundamental principles.
• Article 368 maintains stability and flexibility as it allows necessary changes and prevents frequent and unnecessary modifications.
• Article 368 protects core values of democracy, secularism, and fundamental rights of the Constitution.
• Article 368 balances Central and State powers to preserve India's federal structure.
• Article 368 ensures democratic participation because only elected representatives amend the Constitution making the process transparent and responsible.

Procedure for Amending the Constitution (As per Article 368)

• The Constitution of India has prescribed three procedures for amendment.
• Certain provisions can be changed by a simple majority in both Houses of Parliament where more than 50% of members are present and voting.
• Creating new states or changing Parliamentary priviliges can be amended by a Simple Majority.
• Any amendment must be passed by both Houses of Parliament with more than 50% of the total House strength as an absolute majority.
• It must also include at least a two-thirds majority of those present and voting for the Special Majority. *
• Changes in Fundamental Rights, Directive Principles of State Policy (DPSP), or Parliament's powers are examples that can be amended by the Special Majority. *
• Some amendments relating to the federal structure need ratification by at least 50% of State Legislatures after passing in Parliament. * Changes affecting distribution of powers between the Centre and States, election of the President, or representation of States in Parliament are exmples that can be amended by Special Majority and state approval.

Key Features of the Amendment process

• Unlike ordinary bills, amendments require a separate approval from both Lok Sabha and Rajya Sabha.
• The President must sign the amendment bill, but cannot reject or send it back.
• Elected representatives and not the public, can amend the Constitution.

Balancing Rigidity and Flexibility of the Indian Constitution

• Achieved through a three-tier system of amendments under Article 368.
• Certain provisions can be amended like ordinary laws through a simple majority in both Houses of Parliament.
• The formation of new states (Article 3) and citizenship provisions (Article 5 to 11) can be amended by a Simple Majority.
• Most amendments require a special majority and means at least 50% of the total strength of the House (Absolute Majority).
• and at least two-thirds (66%) of the members must be present to vote in the Special Majority.
• Amendments related to Fundamental Rights or Directive Principles require a Special Majority.
• Some amendments require special Parliment majority and at least half of the state legislatures require approval.

Amendments Affecting Federal Provisions

• Distribution of powers between the Centre and States.
• Election of the President.
• Judiciary-related provisions.
• Constitution is rigid where essential features are concerned, such as federal structure, fundamental rights.
• Constitution is flexible where procedural or administrative changes are needed.
• Balance allows the Document to evolve with time and not easily be altered for political reasons
• India's Constitution is a blend of both US(rigid) and British(flexible) styles.

Why a Constitution Is Needed

Definition: A constitution is a set of fundamental principles or established precedents according to which a state is governed.

• Defines the distributions of power between Legislative, Executive, and Judiciary branches.
• It protects fundamental rights of citizens and establishes rule of law.
• It establishes law-making procedures while enforcing accountability.
• It provides a reflection of the values and aspirations of a people while providing guidelines for governance.

How the Indian Constitution was Made

Constituent Assembly formed in 1946 framed the Constitution of India Dr. B.R. Ambedkar, chairman of the Drafting Committee, played a pivotal role in drafting the Constitution Assembly held 11 sessions of debates and discussions for 2 years, 11 months, and 18 days. The Constitution was adopted on November 26th 1949 and came into effect on January 26th 1950.

Main Objectives of the Indian Constitution

The essence and objectives (Preamble) includes:

• Justice: Social, economic, and political power distributed to all people
• Liberty: Freedom of thought, expression, belief, faith, and worship
• Equality: Of status and opportunity
• Fraternity: Assuring the dignity of the individual and unity of the nation

Key Features of the Indian Constitution

• One of the longest written constitutions in the world
• India is a federal state, it has a strong central government alongside state governments
• Accountability of the executive to the legislature is ensured by the parliamentary form of government.
• Legislature, Executive, and Judiciary have a distinct separation of power.
• There are six rights guaranteed to citizens through fundemental rights.
• Guidelines for government on laws and aiming for the welfare of the people. (Directive Principles of State Policy)

A Bag of Borrowing

• Much of the modern Document pulled components from many sources and documents.

Sources for the Indian Document:

• Government of India Act, 1935
  • Federal structure such as division of powers between the Union and States
  • Included an Office of Governor
  • Included Emergency provisions
  • Public Service Commissions.
• British Constitution
  • Parliamentary system of government (with a Prime Minister as the head of government)
  • Bicameralism (The two Houses of Parliament – Lok Sabha and Rajya Sabha).
  • Rule of law
  • Legislative procedures
• United States Constitution
  • Fundamental Rights (inspired by the Bill of Rights)
  • Independence of the judiciary
• Judicial review
  • Impeachment of the President
  • Concept of a written constitution
• Irish Constitution
• Directive Principles of State Policy (guidelines for the State to follow in governance)
• The nomination of members to the Rajya Sabha.
• Canadian Constitution
  • Federation with a strong central government
• Australian Constitution
  • Concurrent List (subjects on which both the Centre and States can legislate)
• Freedom of trade and commerce between states
• Weimar Constitution of Germany
• Emergency powers (provisions to suspend certain rights and freedoms during a national emergency)
• French Constitution
• Ideals of Liberty, Equality, and Fraternity (enshrined in the Preamble)
• South African Constitution
• Procedure for amendment of the Constitution
• Electing members of the Rajya Sabha
• Japanese Constitution

First-Past-The-Post (FPTP)

• It is an electoral system in which the candidate with the most votes in a constituency wins the election.
• FPTP is common in India and the UK.
• The candidate does not need a majority of votes due to this system.

Advantages of FPTP

• Easy to understand for voters leading to increased participation.
• Often leads to majority governments because it promotes the larger candidate and discourages voting for 3rd parties.
• It encourages a strong opposition, which is essential for a healthy democracy.
• Direct link between the representative and constituency through the single candidate per district.

Proportional Representation (PR)

• It is an electoral system where parties earn seats equal to their vote totals.
• PR ensures the overall seat distribution reflects the vote share of political parties because it promotes all parties, rather than single candidates

Presidential System

• The president is both Head of state and head of government at the same time
• In this system the office of president is very powerful because of the increased roles
• Common in Brazil and USA.

Semi-Presidential System

• combines Elements Of Both A Presidential System And A Parliamentary Systems.
• The president And The Prime Minister share Significant Powers.
• The President of is usually the Head Of State, While The Prime Minister is Head of Government.
• Common in Russia and Sri Lanka.

Parliamentary

• A prime Minister is the Head Of Government.
• Most Have A Nominal Head Of State Such As President Or A Monarch.
• Prime Minister Is usually More Powerful than the figure head
• Common in India and the UK

Why Independence Matters for the Judiciary

• Ensures laws are applied consistently and fairly (Upholding the Rule of Law).
• Prevents government abuse of power (checks&balances).
• Judges can make politically neutral decisions free from external pressures (impartiality).
• Safeguards individual rights and freedoms against unlawful actions (protection of rights).
• It maintains trust in the legal system, and ensures that justice is served without bias (public confidence).

What is Jurisdiction Of The Supreme Court?

• Cases that the Supreme Court can hear directly without going through lower courts (Original Jurisdiction.)
• These include disputes between states, the central government and states, or cases involving fundamental rights.
• Supreme Court hears appeals from lower courts and tribunals (Appellate Jurisdiction:)
• Someone which is not happy with an initial decision can appeal to the Supreme Court, which can review decisions (Appellate Jurisdiction.)
• • Gives or does give legal advice to the President of India on important legal questions (Advisory jurisdiction).
• Its a non-binding decision, but helps with giving guidance about guiding to to the President for matters relating to the Document (Advisory jurisdiction).

Writ Jurisdiction

• The Supreme Court can issue writs (legal orders) to protect fundamental rights.
• Includes legal orders like Habeas Corpus, Mandamus, Prohibition, Quo Warranto, and Certiorari
• Power to hear important cases directly, and review decisions and make constitutional suggestions.

Judicial Activism

• Judges take an active role in making decisions that go beyond just interpreting the law
• Instead of resolving cases, Judges create laws used outside the case
• It is aimed to address/protect rights by stepping in to help lawmakers/government
• Key features of the Document (judicial decisions)
  • Judges influence policy/governance (Active Role).
  • Address rulings to injustices (Social Issues}.
• It influences policy and governance.

Judicial Activism Negative Aspects

Increases workload in the judiciary due to power expansion

• Judicial power makes recognizing different functions from Executive/ Legislative hard to distiguinsh
• Administration checks for electoral and corruption reforms need attention from legislators

Differentiate between Lok and Rajya Sabha

• A "Lower House" with 552 members, India with elections, 5 years in term (Lok Sabha, House of the People)
• An "Upper House" 250 members, for states in various terms and fields (Rajya Sabha, Council of States)

Government Formation and Power

• Prime Minister and the Chief members must have a majority in Lok
• The President must sign the Bill from PM for dissolution.
• (Powers of Lok) Government has money controlled and formed.
• (Powers of Rajya) Government has more suggestions less power.

How a Bill Becomes a Law in India

• Drafting is initial for creating a Bill by MP or government.
• Parliament begins with an election Lok/Raj Sab as a starting.
• Examination is done for Bill.
• a debate occurs.

The Bill process involves two Houses:

1. if there is a similar decision from first and other following a bill passes
2. Presidents signature can make a Bill a Law
3. New Laws make this a "Living" document.

What is money bill?

Dealth with exclusively with taxation, public expenditure, or government borrowing.

• Only introduced in Lok Sabha
• Only in Lok can intro other's cannot but vote.

Key Provisions of the 73rd Constitutional Amendments

• Panchayati Raj System:
• has a 3 Tier system between (village, block level, district)

Three-Tier Structure

• Gram Panchayat is covering Villages.
• Mandal/Taluka covering Block Level.
• Zilla covering District Level.
• Gram Sabha also covers the voters that must handle local plans.

Power/Election and Resources

Election- Elections must had directly every 5th years but by 6 month must have.

• Reservations are for women (1/rd)
• Reservations are to SC/ST and the States can reserve for those needing a backward class. Transfer of power : 29 subjects related listed in the 11th document. States handle how Local get Bodies State election handles commission
• The body does have the power of state.

Key provisions to the municipal system (74th

• Change local to urban
• Same way as like SC/ST and OBC reserved.
• State funds commision handle all fund.
• Transfer functions from the State

India has

600 District (6,000) block (2,40000 Gram ) village

All 73/74 passed all laws 1994 to 2004 every state had those rules.

Six Basic Human Rights

Document 3:

• Citizen are guaranteed all rights.
• aim to ensure equal liberty.
• People of ⅚ have this.

Right to Equality

• ensures those equal protection of Law.
  • this is does provide for any discrimination for any one. Article is the right for the law for heart and Soul.

Exploitation

• rights are for force
• forbade to work

Culture is the right which allows minorites freedom of culture and script.

To Protect religion:

• Those document is for religious right.
• Article 25 states can practice and the right to con science (right to spread.)

Fundamental Rights vs Directive Principles of State Policy

Rights

• Courts handle
• Focus on individual freedoms. Directive guidelles (no making/polices.)

Role for India in document:

42nd amendment ( 76) protect our right to follow state laws. Duties are used to serve or guide everyone. living is a changing document.

Indian Constitution a Living Document

• Document has had some ammends for document and changing nature of socio-politic
• For democracy, it is grass rooty The judiciary is supreme for handling modern needs (supreme court) It's a federal system with many moving states. which provides what states want in admin/ needs

Philosophy of the Indian Constitution

• The ideas values that guide the document of a just nature. It is a poltical document/ moral
• article 14-18: are equality. Article 17 : ensures/ protects freedom of press

Secularism

Prevent dominance protect is it is a great moral value. . 39 : protects life-style

Political Theory Is for shaping sociteis

• justice.
• power
• governence.

Normantive (moral/ethycal Empiriacla (elections)

Politila Thoery Is for shapes a society/debates in poltiical theory . Explains concept so every citizen

• They go together.
• conceptual : clear/ poltial
• reasoing : It is use to find political and social . : History gives the tool needed for laws.

The Relationship Rights is in an Isolation

• Free is not free to spead violence Must ensure it in balance for one to give others the same support. The Gov does ensure but they can and must be follow the law.
• Vote ensure the correct thoughts and action from all individuals .
• to have a good nature it is to not ensure it get usefull at a correct setting.

Is limited by all means of control (war ). Division /regonalism

Limitation

• False crises state needs by politicians.

The document provides the importance to follow some key features.

• 3. the same freedom . some people have a good amount of

The test to some does help.

• Free not to have problems
• but can't protect
• But there must be a freedom to give opp for recourses and to give growth.
• It shuld not enough but there must a self awareness so you can live you'r life .
• The people want fully handle those problems
• document 0 : non-interference.
• Goveemnt most of been in the way to stop people choice
• the idea to stop and control.
• The heart says we are people not just from this place
• 5: this for those just need people.

The three rights are more important that that. For there is just a few things that does happen there.

• Right to Vote : every single election. - *
• • They use rights too say they need help with (Article 32 ,1). This is what gives heart and soul to each citizen.

The Right is in writing and can make law

• • These are not used but that what is used.
• We need to be just and honest (that what these are used for

The test wants use of

• Free no to have

We think that is not what used for.

• The polticial is use (2, 50 What is those.

The heart.

• What a living (test)?
• Why document We show what is Is the need
• What you will.

The Indian Constitution is a dynamic document that evolves to meet societal needs while preserving its core principles. It allows for amendments through processes outlined in Article 368, accommodating both simple and complex changes. Landmark amendments like the 73rd, 74th, and 101st have reshaped governance and economy.