CHAPTER – 4

Constitution

[A]. Multiple Choice Question.

1. What the features does a Written Constitution have? [1]

(a) Ability to be amended
(b) Embedded in traditions and legal statutes
(c) Clearly documented in one comprehensive text
(d) Evolves gradually over a period

Answer. (c) Clearly documented in one comprehensive text

Explanation: A written constitution is one that is explicitly codified into a

single document or a set of documents, providing a clear and accessible
source of governing principles.

2. Which of the following best describes a significant feature of a Rigid

Constitution? [1]
(a) Quick adaptability to changing circumstances
(b) Flexibility in amending procedures
(c) Stability and protection of fundamental principles
(d) Reflects historical and cultural continuity
Ans. (c) Stability and protection of fundamental principles

Explanation: A rigid constitution is known for its resistance to frequent

changes, providing stability and safeguarding core fundamental
principles over time.

3. Which of the following represents a drawback commonly associated

with an Unwritten Constitution? [1]
(a) Lack of clarity and precision
(b) Rigidity in amending procedures
(c) Explicit protection of rights
(d) Stability and protection of fundamental principles
Ans. (a) Lack of clarity and precision

Explanation: Unwritten constitutions, relying on conventions and

statutes, may be criticised for their potential lack of clarity and precision,
introducing ambiguity in their interpretation.

4. What is the key difference between a Rigid and a Flexible

Constitution? [1]

a) A Rigid Constitution requires a special procedure for amendments,

while a Flexible Constitution can be amended by the ordinary legislative
process.
b) A Rigid Constitution focuses on human rights, whereas a Flexible
Constitution prioritizes governmental powers.
c) A Rigid Constitution is always written, while a Flexible Constitution is
always unwritten.
d) A Rigid Constitution changes frequently, while a Flexible Constitution
rarely undergoes amendments.

Ans. a) A Rigid Constitution requires a special procedure for

amendments, while a Flexible Constitution can be amended by the
ordinary legislative process.

Explanation: The primary distinction between a Rigid and a Flexible

Constitution lies in their amendment processes. A Rigid Constitution
necessitates a special, often complex procedure for changes, whereas a
Flexible Constitution can be amended through the regular legislative
process.

5. How the ratification of constitutional amendments is primarily carried

out in India? [1]
(a) Approval by the President
(b) Consent of the Supreme Court
(c) Ratification by a two-thirds majority in both houses of Parliament
(d) Referendum conducted nationwide

Ans. (c) Ratification by a two-thirds majority in both houses of

Parliament
Explanation: In India, the ratification of constitutional amendments is
primarily carried out through the approval by a two-thirds majority in both
houses of Parliament. This process emphasizes the significance of a
broad consensus among the nation's representatives for any
constitutional change.

6} In terms of their constitutional amendment procedures, what distinct

factor differentiates the constitutional systems of the U.K., U.S.A, and
India? [1]
a) The U.K. requires a simple majority in Parliament, the U.S.A needs
ratification by three-fourths of the states, and India requires a two-thirds
majority in both houses plus ratification by half of the state legislatures.
b) The U.K. and India involve a referendum in the amendment process,
while the U.S.A does not.
c) The U.S.A and India require a public vote for all amendments,
whereas the U.K. does not.
d) The U.K. uses a constitutional convention for amendments, while the
U.S.A and India rely solely on legislative action.

Ans. (a); The U.K. requires a simple majority in Parliament, the U.S.A
needs ratification by three-fourths of the states, and India requires a two-
thirds majority in both houses plus ratification by half of the state
legislatures.
Explanation: The constitutional amendment processes of the U.K.,
U.S.A, and India are distinct: the U.K. requires a simple majority in
Parliament, the U.S.A mandates ratification by three-fourths of its states,
and India necessitates a two-thirds majority in both its houses and
ratification by half of its state legislatures.

7} In the process of amending the U.S. Constitution, how does the

President's involvement differ from their standard legislative
responsibilities? [1]

a)The President can suggest changes alone but needs Congress to

agree.
b)The President can reject changes, but Congress can overrule this.
c) The President has a direct role in proposing and approving
amendments.
d) The President does not have a direct role in proposing or approving
amendments, this is handled by Congress and the states legislatures.

Answer: d. The President does not have a direct role in proposing or

approving amendments,this is handled by Congress and the states
legislatures.

Explanation: In the U.S. Constitution's amendment process, the

President does not play a direct role. Unlike standard legislation,
constitutional amendments are proposed and approved by Congress
and state legislatures, bypassing presidential involvement entirely.

8} How do Constitutional Conventions impact the development of the

constitutional framework, and what distinguishes them from legally
binding processes? [1]

a) Constitutional Conventions serve as the primary means of amending

the Constitution.
b) They provide guidelines for legislative procedures in the absence of a
written constitution.
c) Constitutional Conventions play a crucial role in shaping practices and
precedents, despite lacking legal enforceability.
d) They act as formal mechanisms for resolving constitutional disputes
among branches of government.

Answer: c. Constitutional Conventions play a crucial role in shaping

practices and precedents, despite lacking legal enforceability.

Explanation:Constitutional conventions play a crucial role in the evolution

and development of constitutional systems. Despite not having legal
binding force, these conventions significantly influence the shaping and
interpretation of constitutional law.
9} which of the following is an example of a Constitutional Convention in
the United Kingdom?
[1]

a) The requirement for a two-thirds majority to amend the Constitution.

b) The Monarch's formal approval of all legislative decisions.
c) The resignation of the Prime Minister after the passage of a vote of no
confidence.
d) The establishment of a bicameral legislative system.

Answer: c. The resignation of the Prime Minister after the passage of a

vote of no confidence.

Explanation: In the UK, the Prime Minister's resignation is influenced by

convention rather than a rigid legal mandate.

10} In understanding Constitutional Conventions, what sets them apart

from formal laws and written statutes in a constitutional system? [1]

a) They are subject to judicial review.

b) They lack any influence on government practices.
c) They are explicitly outlined in the Constitution.
d) They lack legal binding but significantly impact governmental
behaviour.

Answer: d. They lack legal binding but significantly impact governmental

behaviour.

Explanation: Constitutional Conventions, unlike formal laws and statutes,

may not be legally binding, but they play a crucial role in shaping and
influencing the behaviour of those involved in the government.

11} What is the primary factor used to classify a constitution as Written

or Unwritten? [1]

a) The overall length of the constitution document.

b) The level of clarity and precision in the language of the constitution.
c) The presence or absence of historical development.
d) Whether the constitution is codified into a single document or not.

Answer: d. Whether the constitution is codified into a single document or

not.

Explanation: The classification of a constitution as Written or Unwritten is

primarily determined by whether it is codified into a single document or
exists in various sources and conventions.

[B]. Assertion and reasoning based questions.

1} Assertion: Flexible constitutions are better suited for rapidly changing

societies. [1]
Reasoning: Flexibility allows for quick adaptation to new circumstances
without the need for elaborate amendment procedures.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: a. Both Assertion and Reasoning are true, and Reasoning is the
correct explanation of Assertion.

Explanation: Flexible constitutions allow for quick adaptation to changing

circumstances.The inherent flexibility enables swift adjustments without
the need for complex amendment procedures.

2} Assertion: Enacted constitutions are always written. [1]

Reasoning: The term "enacted" implies a formal and deliberate
process of constitution-making.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.
c). Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: a. Both Assertion and Reasoning are true, and Reasoning is

the correct explanation of Assertion.

Explanation: An Enacted Constitution is a man- made constitution. It is

made, enacted and adopted by an assembly or a council or a constituent
assembly, made like a law, after full discussions over its objectives,
principles and provision and it drafts and enacts the constitution.

3} Assertion: The amending procedure in the U.S. Constitution is more

rigid than that of the U.K. Constitution. [1]

Reasoning: The U.S. Constitution requires a two-thirds majority in both

houses of Congress for amendments.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: a. Both Assertion and Reasoning are true, and Reasoning is the
correct explanation of Assertion.

Explanation: The amending process in the U.S. Constitution is more rigid

as it requires a two-thirds majority in both the House of Representatives
and the Senate, as well as ratification by three-fourths of the states.The
two-thirds majority requirement in both houses of Congress contributes
to the rigidity of the U.S. amending process.

4} Assertion: The amending procedure in the Indian Constitution is a

mix of rigidity and flexibility. [1]

Reasoning:Parliament can amend some provisions with a simple

majority, while some provisions require a special majority, and some
specific amendments additionally necessitate ratification by various state
legislatures.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: a. Both Assertion and Reasoning are true, and Reasoning is the
correct explanation of Assertion.

Explanation: (Note – Self Explanatory type)

5} Assertion: The U.S. Constitution relies extensively on conventions to

govern. [1]
Reasoning: In the absence of a codified constitution, the U.S.A. heavily
relies on established conventions.
a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: d. Assertion is false, but Reasoning is true.

Explanation:The U.S. has a codified constitution, and conventions play a

more limited role compared to the U.K. In the U.K., conventions play a
crucial role due to the lack of a codified constitution, but in the U.S.A.,
the constitution is primarily written.

6} Assertion: Conventions in the United Kingdom are more crucial due

to the absence of a single written constitution.

Reasoning: The U.K. relies heavily on conventions to guide

constitutional behaviour and fill gaps left by the absence of a codified
constitution.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: a. Both Assertion and Reasoning are true, and Reasoning is the
correct explanation of Assertion.
Explanation:Conventions are particularly significant in the U.K. as they
provide guidelines for constitutional behaviour in the absence of a single
written constitution.Conventions play a crucial role in shaping
constitutional practices and norms, compensating for the lack of a
codified constitution in the U.K.

7} Assertion: The distinction between a Written and Unwritten

constitution is significant and reflects fundamental differences in legal
frameworks. [1]

Reasoning: The presence or absence of a single, formal, written

document shapes the nature of a constitution.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: a. Both Assertion and Reasoning are true, and Reasoning is the
correct explanation of Assertion.
Explanation:The distinction between a Written and Unwritten constitution
is significant and reflects whether a constitution is codified in a single,
formal document or not.The presence or absence of a written document
is a fundamental difference that shapes the nature of a constitution.

8} Assertion: Enacted and Evolved constitutions differ only in their

origin but not in their nature. [1]

Reasoning: The manner of adoption, whether through a formal process

or gradual development, does not impact the characteristics of a
constitution.
a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: c. Assertion is true, but Reasoning is false.

Explanation:Enacted and Evolved constitutions differ in their origin; one

is formally adopted, while the other develops over time.The manner of
adoption does impact the characteristics of a constitution. Enacted
constitutions are codified through formal processes, while evolved
constitutions develop organically over time.

9} Assertion: The U.S. Constitution relies extensively on conventions to

govern. [1]

Reasoning: In the absence of a codified constitution, the U. K. heavily

relies on established conventions.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: d. Assertion is false, but Reasoning is true.

Explanation: Assertion is false: The U.S. has a codified constitution, and
conventions play a more limited role compared to the U.K.

Reasoning is true: In the U.K., conventions play a crucial role due to the
lack of a codified constitution, but in the U.S.A., the constitution is
primarily written.

10} Assertion: Rigidity in constitutions ensures stability and continuity.

[1]

Reasoning: The difficulty in amending rigid constitutions protects

fundamental principles from frequent changes.

a) Both Assertion and Reasoning are true, and Reasoning is the correct
explanation of Assertion.

b) Both Assertion and Reasoning are true, but Reasoning is not the
correct explanation of Assertion.

c) Assertion is true, but Reasoning is false.

d) Assertion is false, but Reasoning is true.

Answer: a. Both Assertion and Reasoning are true, and Reasoning is the
correct explanation of Assertion.

Explanation:Rigidity in constitutions provides stability and continuity to

the legal framework.The difficulty in amending rigid constitutions
safeguards fundamental principles from frequent changes, ensuring
stability.

[c]. Very Short Questions.

1} Describe the process of amending an Enacted Constitution.[2]

Answer: In an Enacted Constitution, amendments typically involve a
formal and deliberate process. Proposals for amendments are
presented, debated, and often require approval by a legislative body or a
designated constitutional assembly, ensuring a thorough and considered
approach to changes in the fundamental law.

2} Define Conventions in Constitutional Law.[2]

Answer: Conventions in constitutional law refer to unwritten practices
and norms that govern the behaviour of constitutional actors. These
customs supplement formal laws and provide a framework for the
functioning of the government, contributing to the stability and
effectiveness of constitutional systems.

3} How does India's Constitution allow for amendments? [2]

Answer: According to the India’s Constitution, Article 368, deals with

power and method of amendment of the Constitution. There are three
method to amend the Indian Constitution, these are:
(I) Amendment by 2/3rd majority in both House of the Parliament.
(II) Amendment by 2/3rd majority in both House of the Parliament
and ratification by at least half of the several State legislatures.
(III) Amendment in some parts of the Constitution by enactment of
laws by a simple majority by the Union Parliament.

4} Name a key feature of the amending procedures in the U.K., U.S.A.,

and India. [2]

Answer: A key feature of amending procedures in the U.K., U.S.A., and

India is their distinctiveness:
● The U.K.'s unwritten constitution allows Parliament to amend laws
through ordinary legislative processes.
● The U.S.A. requires a stringent two-thirds majority in Congress
and ratification by three-fourths of states;
 ● India combines flexibility and rigidity, some changes need only a
Parliament simple or special majority, while others also require
approval by a majority of state legislatures.

5} Is the difference between written and unwritten constitutions real? [2]

Answer: Yes, the difference between written and unwritten constitutions

is real. A written constitution is codified in a single document, providing
clarity and precision, while an unwritten constitution relies on various
sources, leading to flexibility but potentially lacking explicitness and legal
certainty.

6} How might the merits of a written constitution offset its demerits? [2]

Answer: The merits of a written constitution, such as clarity and

precision, can offset its demerits by providing a stable legal framework
that guides judicial interpretation, ensures government accountability,
and facilitates amendment processes to adapt to changing societal
needs, thereby maintaining relevance and effectiveness over time.

[D]. SHORT QUESTIONS.

1} Examine the challenges and advantages associated with amending

rigid constitutions. [4]

Answer: Challenges: Amending rigid constitutions is challenging due to

the difficult process, requiring a special majority. This complexity can
lead to slow adaptation to evolving societal needs, impeding timely
changes.

Advantages: However, the rigidity safeguards fundamental principles,

preventing hasty amendments and ensuring that changes are deliberate
and reflective of broad consensus. This contributes to the endurance of
core constitutional values.
2} Describe how an evolved constitution develops over time, citing
examples. [4]

Answer: An evolved constitution undergoes gradual changes shaped by

historical practices. For instance, the unwritten constitution of the United
Kingdom has evolved through conventions and traditions, reflecting the
nation's historical and constitutional journey. Over time, unwritten norms
become integral parts of the governance framework, demonstrating the
adaptability of an evolved constitution in responding to societal
transformations while maintaining continuity and stability in the legal
system.

3} Evaluate whether the differences between written and unwritten

constitutions are substantial or conceptual, supporting your answer with
examples. [4]

Answer: The differences between written and unwritten constitutions are

substantial. A written constitution, exemplified by the United States, is
codified in a single document, offering explicit legal provisions. In
contrast, the unwritten constitution of the United Kingdom relies on
conventions and traditions, reflecting a more flexible and evolving
framework. The substantial contrast lies in the formality and specificity of
written constitutions versus the flexible and adaptive nature of unwritten
ones.

4} How does an enacted constitution enhance legitimacy, and what

challenges might arise from its formal adoption process? [4]

Answer: An enacted constitution enhances legitimacy by reflecting the

deliberate will of the people through a formal adoption process involving
elected representatives, thus providing a foundation for legal authority.
However, challenges arise from the lengthy and complex adoption
process, which may impede quick responses to immediate societal
needs, potentially creating a tension between legitimacy and the
adaptability required to address evolving governance challenges.

5}
(i)
(a) Outline the specific steps involved in the U.K.'s Constitution’s
amending process. [2]

Answer: The British Constitution can be amended by the British

Parliament by enacting a law by simple majority of member of its each
house. In practice, since the House of Lords is a very weak house, the
amending, the power of the constitution is virtually in the hands of the
British House of Commons.

(b) Compare and contrast the amending processes of the U.S.A. and
India, emphasising any notable distinctions. [2]

Answer:The U.S. Constitution requires a two-thirds majority in Congress

and ratification by three-fourths of states, making amendments
challenging. India's process is more flexible, allowing amendments with
a special majority in Parliament and, for certain changes, ratification by
half of the states, balancing rigidity with adaptability to more readily
address contemporary issues.

OR

(ii) “Convention plays a very important part in the actual operation of the
constitution." Elaborate the statement. [4]

Answer: Unwritten Rules: Conventions are unwritten practices vital for

constitutional functioning.

Filling Gaps: They fill gaps in the constitution where it is silent or

ambiguous, guiding the operation of government institutions.

Ensuring Flexibility: Conventions provide flexibility, allowing the

constitution to adapt to changing political and social contexts without
formal amendments.
Balancing Power: They help in balancing power among various
branches of government, maintaining democratic principles and checks.

Guiding Behavior: Conventions guide the behavior and decisions of

political entities, ensuring smooth governance.

Democratic Governance: They are crucial in upholding democratic

governance, like the convention of the Prime Minister being a member of
the legislature.

Evolutionary Nature: Conventions evolve over time, reflecting changes in

societal values and political practices.

6} Discuss and evaluate one specific constitutional convention in the

United Kingdom and compare it to a corresponding convention in the
United States of America. [4]
Answer:
In the United Kingdom, a key convention is that the Prime Minister must
be a member of the Parliament, usually the House of Commons. This
reflects the principle of responsible government, ensuring the PM's
accountability to the elected representatives. Contrastingly, in the United
States, the President, while a political leader, is not required to be, nor
usually is, a member of Congress. This separation exemplifies the U.S.
system’s emphasis on the separation of powers. Both conventions
underpin democratic governance but in different ways: the UK's stresses
parliamentary sovereignty and political accountability, while the U.S.
focuses on distinct, independent branches of government.

7} Examine the procedural requirements for amending the U.S.A.'s

Constitution, emphasising the checks and balances inherent in the
amendment process. Assess the implications of federalism on the U.S.
amending system. [6]

Answer: Proposal Stage: An amendment can be proposed by a two-

thirds majority vote in both the House of the US Congress i.e. House of
Representatives and the Senate.
. Alternatively, a constitutional convention can be called by two-thirds of
the state legislatures.

Ratification Stage: Amendments require ratification by three-fourths of

the state legislatures or through conventions in three-fourths of the
states.
Checks and Balances: The proposal stage involves the checks and
balances of the bicameral legislature and federalism, ensuring broad
consensus.
. Ratification by state legislatures or conventions reflects federalism,
involving state-level decision-making.

Federalism Implications: Federalism impacts the ratification process,

underscoring states' role in constitutional change.

.This system ensures a balance between national and state interests in

amending the foundational law.

8} Analyse the significance of constitutional amendments in India, citing

specific examples. Discuss how the amendment process in India
balances the need for stability with the necessity of adapting to evolving
societal needs. [6]

Answer: Constitutional amendments in India serve as a testament to the

dynamic nature of its democracy, enabling the Constitution to be
responsive and relevant to changing times while maintaining its core
values. The amendment process, as outlined in Article 368, is both
flexible and stringent, balancing the need for adaptability with the
imperative of stability.
A prime example of this is the 42nd Amendment, enacted during the
Emergency period (1975-1977), which sought to strengthen the
principles of secularism and socialism. This amendment reinforced the
idea that the Indian state should remain neutral in religious matters and
committed to redistributing resources for a more equitable society.
However, this amendment also faced criticism for concentrating
excessive power in the hands of the central government, highlighting the
delicate balance between change and continuity.
The 73rd and 74th Amendments in 1992, which introduced Panchayati
Raj and Urban Local Bodies, respectively, stand out as significant
modifications. These amendments decentralized power, empowering
local governments and enhancing democratic participation at the
grassroots level. This shift acknowledged the evolving needs of India's
diverse society, requiring more localized governance structures.
The amendment process in India necessitates a supermajority in both
houses of Parliament, and in some cases, ratification by a majority of
state legislatures. This rigorous process ensures that amendments are
not made hastily or without broad consensus, thus maintaining the
stability of the Constitution. However, it also allows for necessary
changes to address contemporary challenges and societal shifts,
illustrating the Indian Constitution's capacity to grow and evolve.

In conclusion, the amendment process in India exemplifies a delicate

balance between preserving the essence of the Constitution and
allowing for progressive changes that reflect the nation's evolving socio-
political landscape.

9} Assess the importance of conventions in the United Kingdom's

constitutional context. Explore how conventions shape constitutional
behaviour and contribute to the unwritten aspects of the U.K.'s
constitution. [6]
Answer: In the United Kingdom, where the constitution is largely
unwritten, conventions hold significant importance in the governance
framework. These conventions, although not legally enforceable, play a
crucial role in shaping the behavior of political institutions and actors.

Conventions serve as unwritten rules guiding the operation of the

government, filling the gaps where statutes or legal documents are
silent. For instance, the convention that the Prime Minister should be a
member of the House of Commons ensures political accountability and
democratic legitimacy. Similarly, the convention of the royal assent,
where the monarch formally approves legislation passed by Parliament,
is a vital constitutional practice, signifying the balance between the
ceremonial role of the monarchy and the functioning of a parliamentary
democracy.

These practices contribute to the flexibility and adaptability of the U.K.'s

governance system, allowing it to evolve with changing political contexts
and societal values. They uphold principles like the separation of powers
and parliamentary sovereignty, crucial for the functioning of a democratic
state.

In essence, conventions in the U.K. are integral to the operation of its

constitution, providing a framework for political conduct and ensuring the
stability and continuity of governance in the absence of a single written
constitutional document.

10} Analyse whether the difference between a written and unwritten

constitution, and between a rigid and flexible constitution, is a real one.
Consider the practical implications and legal certainty associated with
each distinction. [6]

Answer: Difference between a Written and Unwritten Constitution:

Practical Implications: A written constitution is codified in a single

document, providing clear legal provisions.
. An unwritten constitution relies on traditions and conventions, offering
flexibility but lacking a specific, codified source.
Legal Certainty: Written constitutions enhance legal certainty as laws
are explicitly stated.
. Unwritten constitutions may lack specificity, leading to interpretational
challenges.

Difference between a Rigid and Flexible Constitution:

Practical Implications: A rigid constitution requires a special procedure

for amendment, ensuring stability.
. A flexible constitution allows easier amendment, facilitating adaptation
to changing circumstances.

Legal Certainty: Rigid constitutions provide legal certainty by

safeguarding core principles.
. Flexible constitutions may risk instability if amendments are frequent,
potentially leading to uncertainty.

Overall Assessment:

Real Differences: The distinctions between written and unwritten, rigid

and flexible constitutions are real but nuanced.
. Practical implications and legal certainty vary, making each
classification relevant in different contexts.

Contextual Considerations: The effectiveness of a constitution

depends on the context and societal needs.
. Striking a balance between codification and flexibility is crucial for a
constitution's adaptability and enduring legitimacy.

11} Explain the procedural requirements for amending the U.S.A.'s

Constitution.

(a) Outline the steps involved in the amendment process of the

U.S.A.'s Constitution. [3]

Answer: The amendment process of the U.S.A.'s Constitution

involves two stages. Firstly, a proposed amendment must be
approved by a two-thirds majority in both the House of
 Representatives and the Senate or by a constitutional convention
called for by two-thirds of the state legislatures. Secondly, the
proposed amendment must be ratified by three-fourths of the state
legislatures or by conventions in three-fourths of the states.

(b) Contrast the U.S.A.'s amending procedures with those of India,

emphasising their democratic implications. [3]

Answer: Contrasting U.S. and India's amending procedures

reveals key differences. In the U.S., amendments require a
supermajority in both Congress and state legislatures, ensuring
thorough deliberation. India, in contrast, mandates a two-thirds
majority in Parliament, emphasising democratic representation.
Both systems aim to balance stability with democratic principles,
yet their specific mechanisms reflect distinct approaches to
constitutional change.

12} Analyze the challenges involved in amending the Constitution.

Discuss how these challenges can affect the balance between
change and continuity in a constitutional democracy." [6]

Answer: Rigorous Process: Amending the Constitution requires a

stringent process, often involving supermajority approvals in both
houses of Parliament, making it challenging to secure the
necessary consensus.

Balancing Interests: Amendments must balance diverse interests,

including those of different political parties, states, and social
groups, which can be complex and contentious.

Political Dynamics: The political climate can significantly influence

the amendment process, with dominant parties potentially pushing
for favorable changes, while opposition may resist.

Public Opinion: Amendments often require public support or

acceptance, making them sensitive to the prevailing public opinion
and societal values.
Judicial Scrutiny: Amendments are subject to judicial review, and
the judiciary can strike down amendments that violate the
Constitution's basic structure, adding another layer of complexity.

Impact on Stability and Change: These challenges affect the

delicate balance between change and continuity, ensuring that
amendments are not made hastily while allowing the Constitution
to evolve in response to changing societal needs.

13} Trace the historical development of evolved constitutions,

using examples. Compare this with the process of enacting a
constitution, highlighting the differences in their formation.

Answer: Evolved Constitutions:

Gradual Development: Evolved constitutions develop over time
through customs, judicial decisions, and historical documents.

Example: The UK’s constitution evolved with key documents like

the Magna Carta (1215) and practices established over centuries.

Adaptability: They adapt to changing societal values and norms,

reflecting a country’s historical and cultural evolution.

No Single Document: Typically not codified in a single document;

comprises various laws, conventions, and court rulings.

Enacted Constitutions:

Deliberate Creation: Created at a specific point in time, often after

significant events like independence or revolution.

Example: The U.S. Constitution, enacted in 1787, was drafted and

ratified as a single, written document.

Structured Process: Involves a formal and organized process,

including drafting, discussion, and ratification.
Codification: Typically codified in a single, written document.

Key Differences:
Formation: Evolved constitutions form organically over time,
whereas enacted constitutions result from a specific, deliberate
process.
Documentation: Evolved constitutions are usually unwritten, while
enacted constitutions are codified documents.

Flexibility: Evolved constitutions tend to be more flexible, adapting

gradually, whereas enacted constitutions may require formal
amendments for significant changes.

[E]. Read the passage given below and answer the questions
that follow.

India's constitutional amendment process, guided by Article

368, demonstrates a blend of tradition and modernity. Crafted
with foresight by figures like Dr. B.R. Ambedkar, it facilitates
both flexibility and stability, with notable amendments like the
42nd and 73rd/74th reflecting adaptability. The basic structure
doctrine through judicial review ensures the preservation of
core principles. Involving public consultations, the process
resonates democratically, exemplifying India's evolving,
resilient constitutional narrative, inspiring future generations.

(i) How does public participation contribute to the amendment

process in India? [2]

a) By enforcing legal sanctions

b) Through consultations and debates
c) By amending the Constitution directly
d) Through executive orders and proclamations
Answer:- b. Through consultations and debates.

Explanation:- Public participation in India's amendment process,

through consultations and debates, ensures democratic inclusivity,
incorporating diverse perspectives and enhancing the legitimacy of
constitutional changes.
(ii) Which landmark amendment aimed at decentralisation through
local self-governance institutions? [2]

a) 42nd Amendment
b) 73rd Amendment
c) 74th Amendment
d) 44th Amendment

Answer: b. 73rd Amendment.

Explanation: 73rd Amendment, which empowered rural local

bodies (Panchayats) in India, enhancing grassroots governance.

[F]. Read the passage given below and answer the questions
that follow.

The UK's constitution, known for its adaptability, has

developed through centuries, combining laws, common law,
traditions, and key texts. It evolves naturally to meet modern
needs, unlike fixed, written constitutions. Parliamentary
sovereignty allows rapid legal changes, such as devolving
powers to Scotland, Wales, and Northern Ireland. Practices
like ministerial responsibility and incorporating the European
Convention on Human Rights via the Human Rights Act 1998
showcase its evolving, responsive nature, epitomizing a
pragmatic, dynamic constitutional model.

(i) Provide an example of the UK Parliament's

exercise of flexibility in constitutional matters, as
 mentioned in the passage. [2]

Answer: The UK Parliament's exercise of flexibility is evident in the

devolution of powers to Scotland, Wales, and Northern Ireland.
This constitutional shift, responding to regional demands,
showcases the adaptability of the UK's constitutional framework to
diverse and evolving needs.

(ii) How does the absence of a codified constitution contribute to

the flexibility of the United Kingdom's constitutional framework? [2]

Answer: The absence of a codified constitution in the United

Kingdom allows for flexibility as it lacks a rigid, written document.
This absence enables organic growth, adaptation, and
responsiveness to contemporary needs, fostering a constitution
that evolves harmoniously with historical developments and
changing societal demands.

(iii) Evaluate the key features that make the United Kingdom's
constitution a dynamic exemplar, considering its historical roots
and adaptability to contemporary needs. [4]

Answer: Historical Foundations: The UK's constitution is deeply

rooted in historical documents like the Magna Carta, evolving over
centuries.

Unwritten Nature: Its largely unwritten format, comprising statutes,

common law, and conventions, allows for flexibility and organic
development.

Parliamentary Sovereignty: The supremacy of Parliament enables

swift legal changes, adapting to contemporary needs.

Constitutional Conventions: Unwritten norms guide government

behavior, ensuring accountability and democratic governance.
Responsiveness to Change: Adaptations like the Human Rights
Act 1998 showcase its responsiveness to international norms and
societal values, making the UK's constitution a dynamic and
adaptable exemplar.