Q.) Why is the constitution of India considered to be a living document? Explain the challenges to this living legacy? (62 BPSC/2017)

Ans- Constitution is a rule book for democratic governance of the country. As this document is made by human beings. It is unimaginable to inside tall disparities.  So, the constitution could change according to the Aspiring need of the country. We talk about the introduction to the Constitution of India.

In the case of India even though our constitution frame made a very robust and country-friendly constitution, they also include a provision to make a dynamic book.

Why the constitution is a living document–

1. As per the need for society rule our constitutional provision is required to be changed with time.  Ex- Interpretation of article

2. Earlier it was right to life now right to dignity life (Maenka Gandhi case).

3. In Indian constitution is a synthesis of both rigidity and flexibility to maintain the original nature of the constitution with disability related to the basic principles. For example, secularism’s trustworthiness quality and so forth are viewed as essential construction of the constitution and can’t be altered regardless. (Keshav Nand Bharti Case 1973).

4.) The organic nature of the Constitution is maintained by amended from the implementation of 26 January 1950 till date. Function won through 104 Constitutional Amendment which can be categorized as–

Amendment of Indian Constitution–

  1. Simple majority by both the houses of parliament.
  2. Special majority by both the houses of parliament

Special majority + ascent of half of the state by simple majority.

Both above amendment provisions are mentioned under Article 368 part 20 of the constitution.

Significance of amendment–

1. To maintain the flexibility so that according to the need amendments can be made

2. To insert the dynamic democracy in the country. Ex- 104th Constitutional Amendment Act to remove the reservation of Anglo Indians from Unreserved Sabha and some states.

3. To add the new provisions according to the requirement to ensure justice. Ex- 73rd and 74th Constitution Amendment Act (3rd Level of government).

But various controversies and challenges to the very living nature of the constitution which are– 

Related to the amendment–

1. Many a time political party in rule tries to amend the constitution to fulfill its head. Ex- 39th 34th and 35th Constitutional Amendment Act.

2. To various parties misuse the flexible power to amend the constitution which is the basic principles like secularism democracy quality etc. Ex- CAA NRC amendment (under citizenship Amendment Act).

Challenges to Living Legacy – constitution

1. States do not get equitable importance in the amendment. All the Amendment Bill were only presented in Parliament. Only some provisions required States to ascend.

2. No provision of joint sitting to pass the Constitution Amendment Bill.

3. There is no time limit given for the state to give its assent.

The large scope of inter interpretation puts every enforcement in front of the judiciary.

Every living thing is born to shape and some are applied to the constitution of India as our first Prime Minister Pandit Jawaharlal Nehru mentioned flexibility of amendment is given to adapt to the changing need of the constitution.

The constitution is a document that has a special legal sanctity And contains the ideas and aspirations of the people. The constitution of India was drafted by the members of the constituent assembly who referred to the constitution of different countries while drafting for India so that the new constitution could aspire to the huge diversity of India.

But it is equally important that Article 368 should be used to ensure the need for change not just to fulfill the needs of a party in the majority.

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