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Polity 07 - Daily Class Notes - UPSC Prarambh 2026
Polity 07 - Daily Class Notes - UPSC Prarambh 2026
Lecture -07
Constitution as a Living Document
(Part - II)
2
❖ Controversial Amendments
1. Direct Democracy
2. Indirect Democracy
Direct Democracy:
❖ In countries like Switzerland, Russia, and Italy, people participate in the process of
amending the Constitution. Here people initiate or approve amendments to the
Constitution.
❖ This system was not possible in India because of its large population.
Indirect Democracy:
❖ In indirect democracy, the representatives elected by the people exercise the supreme
power and thus carry on the government and make laws. Example: India, USA, etc.
❖ The Constitution of India is a living document and it is able to respond to the challenges
of time. It has survived as it was able to live up to the expectations of the people.
❖ Thus the Constitution of India has stood the test of time and that's why it is accepted
by the people of India even today.
❖ There have been more than 100 amendments to the Indian Constitution.
➢ Technical/Administrative Amendments:
of judges of High Courts and the Supreme Court were also increased by the 55th
Constitutional Amendment Act of 1986.
✓ Many times, Parliament did not agree with the judicial interpretation and
therefore, sought to amend the Constitution to overcome the ruling of the
judiciary.
✓ These amendments have been made as a result of the consensus among the
political parties.
✓ Example 2: The 93rd Amendment Act of 2005, empowered the state to make
any special provision for the advancement of any socially and educationally
backward classes of citizens or for the scheduled castes or scheduled tribes
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Controversial Amendments:
❖ There were disagreements between the different institutions of the government related
to these amendments.
❖ Example:
➢ In the Kesavananda
Bharati Case vs. the State
of Kerala Case, 1973, the
Supreme Court innovated
the ‘Doctrine of Basic
Structure’. According to
this doctrine, Parliament
can amend any part of
the Constitution provided it does not destroy the basic structure of the Constitution.
➢ The doctrine of basic structure is the base of the Constitution and if it is disturbed
then the whole Constitution of India would be destroyed. The Supreme Court has
described what constitutes the basic structure from time to time.
➢ The 44th Constitutional Amendment Act of 1978 was passed by the Government
to cancel most of the changes affected by the 42nd Constitutional Amendment Act.
This Act again restored the power of judicial review of the Supreme Court and High
Court.
➢ In the Minerva Mills Case, 1980, the Supreme Court ruled that the power of judicial
review constitutes the basic structure of the Constitution and thus Parliament cannot
take away the power of judicial review from the judiciary.
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Judicial Review
❖ Some of the changes made by this controversial Act include increasing the tenure of
the Lok Sabha from 5 years to 6 years, introducing Fundamental Duties, etc.