Question 1

Which of the following statements is not true?

Accepted Answer

a. In the Minerva Mills case (1980) Supreme Court repeated the basic structure doctrine.

Question 2

Constitution as a living document implies that:

Accepted Answer

d. It's static.

Question 3

Which of the following statements is not correct with respect to the Supreme Court ruling in the Keshvananda Bharati case?

Accepted Answer

d. By Keshvanand Bharti ruling parliament got absolute power to amend any part of the constitution.

Question 4

Which of the following statements is not true with respect to the basic structure theory of the constitution?

Accepted Answer

d. Parliament is the final authority to decide the basic structure of the constitution.

Question 5

which of the following amendments has been the most controversial amendment so far?

Accepted Answer

a. 42nd amendment

Question 6

Which constitutional amendments brought down the minimum age for voting from 21 to 18 years?

Accepted Answer

c. 61st amendment

Question 7

Which article of the Indian Constitution lays down the procedure to amend the Constitution?

Accepted Answer

c. Article 368

Question 8

Constitution as a living document doesn't imply that;

Accepted Answer

d. Constitution is extremely rigid and static.

Question 9

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- A document written at one point of time becomes outdated after some time.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.

Accepted Answer

The correct statements are:
- Circumstances change and require suitable changes in the constitution.
- A document written at one point of time becomes outdated after some time.

Explanation:
A constitution is a living document that must adapt to changing social, political, and economic circumstances. Hence, it needs to be amended from time to time. The other two options are incorrect because a constitution is not meant to be changed just because a generation desires it or to reflect the philosophy of the existing government alone. — A constitution must be flexible to remain relevant. Changes in society, technology, and governance require amendments. Thus, options A and B are correct reasons for amendments.

Question 10

Write True / False against the following statements.
a. The President cannot send back an amendment bill for reconsideration of Parliament.
b. Elected representatives alone have the power to amend the Constitution.
c. The Judiciary cannot initiate the process of constitutional amendment but can effectively change the Constitution by interpreting it differently.
d. Parliament can amend any section of the Constitution.

Accepted Answer

a. True - The President does not have the power to send back a constitutional amendment bill for reconsideration. Once passed by Parliament, the President must give assent.
b. False - While elected representatives have the power to amend, other bodies like State Legislatures and the Judiciary also play roles in the amendment process.
c. True - Judiciary cannot initiate amendments but can influence the Constitution's meaning through interpretation.
d. True - Parliament can amend any part of the Constitution, but some amendments require special procedures. — a) President's assent is mandatory and cannot be withheld.
b) Amendment involves Parliament and sometimes State Legislatures; Judiciary interprets but does not amend.
c) Judiciary influences constitutional meaning via interpretation.
d) Parliament can amend any section but with required procedures.

Question 11

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

Accepted Answer

a. Voters - Indirectly involved as they elect representatives who amend the Constitution.
b. President of India - Gives assent to amendment bills passed by Parliament.
c. State Legislatures - Required to ratify certain amendments related to states.
d. Parliament - Initiates and passes amendment bills.
e. Governors - No direct role in constitutional amendments.
f. Judiciary - Interprets the Constitution and can review validity of amendments. — The amendment process involves multiple actors:
- Voters elect representatives.
- Parliament passes amendment bills.
- President gives assent.
- State Legislatures ratify some amendments.
- Judiciary reviews constitutionality.
Governors do not have a role.

Question 12

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.

Accepted Answer

Correct reasons for controversy are:
A) It was made during national emergency, and the declaration of that emergency was itself controversial.
D) It contained provisions, which were controversial.

Explanation:
The 42nd amendment was passed during the Emergency period (1975-77), which was itself controversial. The amendment contained provisions that curtailed fundamental rights and increased central power, leading to widespread criticism. It was passed with special majority and ratified by states, so options B and C are incorrect. — The 42nd amendment is controversial mainly because it was enacted during Emergency and contained contentious provisions affecting rights and federalism.

Question 13

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.

Accepted Answer

Option D is not a reasonable explanation.

Explanation:
Legislature is entrusted with protecting citizens' rights through law-making. The conflict arises due to different interpretations (A), natural democratic debates (B), constitutional provisions (C), and judiciary's role in constitutional review (E). Saying legislature cannot be entrusted to protect rights is incorrect. — The conflict is due to interpretation differences and roles, not because legislature cannot protect rights.

Question 14

Identify the correct statements about the theory of basic structure. Correct the incorrect statements.
a. Constitution specifies the basic tenets.
b. Legislature can amend all parts of the Constitution except the basic structure.
c. Judiciary has defined which aspects of the Constitution can be termed as the basic structure and which cannot.
d. This theory found its first expression in the Kesavananda Bharati case and has been discussed in subsequent judgments.
e. This theory has increased the powers of the judiciary and has come to be accepted by different political parties and the government.

Accepted Answer

a. Incorrect - The Constitution does not explicitly specify the basic structure; it is a judicial doctrine.
b. Correct - Legislature cannot amend the basic structure.
c. Correct - Judiciary has defined the basic structure through judgments.
d. Correct - The theory originated in Kesavananda Bharati case.
e. Partially correct - It has increased judiciary's powers but acceptance varies among parties and government. — The basic structure doctrine is a judicial principle protecting core constitutional features from amendment. It was first articulated in Kesavananda Bharati case. Legislature cannot alter these features. The doctrine has enhanced judiciary's role, though political acceptance varies.

Question 15

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 public 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.

Accepted Answer

Option B is the most reasonable conclusion.

Explanation:
A large number of amendments in a short period usually indicate a strong majority government capable of passing amendments. Judiciary often reviews amendments but does not prevent all. Public pressure and party consensus may vary, but a strong majority is the key factor. — Strong majority in Parliament facilitates multiple amendments; hence option B is correct.

Constitution as a Living Document

Constitution as a Living Document — Study Notes

INTRODUCTION

ARE CONSTITUTIONS STATIC?

Indian Constitution at Work

Practice Questions — Constitution as a Living Document

All 10 Chapters in India Constitution at Work