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    Polity 06 - Daily Class Notes - UPSC Prarambh 2026

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    The document discusses the philosophy and features of the Indian Constitution. It explains that the Constitution is a living document that can be amended through a specific procedure. The Constitution combines both rigid and flexible features - some parts can be amended by a simple majority while others require a special majority and state ratification. There are two types of majorities discussed - simple majority which is a vote of over 50% and special majority which has different definitions based on the type of amendment being made.

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    Polity 06 - Daily Class Notes - UPSC Prarambh 2026

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    The document discusses the philosophy and features of the Indian Constitution. It explains that the Constitution is a living document that can be amended through a specific procedure. The Constitution combines both rigid and flexible features - some parts can be amended by a simple majority while others require a special majority and state ratification. There are two types of majorities discussed - simple majority which is a vote of over 50% and special majority which has different definitions based on the type of amendment being made.

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    Polity 06 _ Daily Class notes __ UPSC Prarambh 2026

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    The document discusses the philosophy and features of the Indian Constitution. It explains that the Constitution is a living document that can be amended through a specific procedure. The Constitution combines both rigid and flexible features - some parts can be amended by a simple majority while others require a special majority and state ratification. There are two types of majorities discussed - simple majority which is a vote of over 50% and special majority which has different definitions based on the type of amendment being made.

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    21 views6 pages

    Polity 06 - Daily Class Notes - UPSC Prarambh 2026

    Uploaded by

    fake11226465
    The document discusses the philosophy and features of the Indian Constitution. It explains that the Constitution is a living document that can be amended through a specific procedure. The Constitution combines both rigid and flexible features - some parts can be amended by a simple majority while others require a special majority and state ratification. There are two types of majorities discussed - simple majority which is a vote of over 50% and special majority which has different definitions based on the type of amendment being made.

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    DAILY CLASS NOTES

    NCERT: Indian Polity

    Lecture -06
    Constitution as a Living
    Document and Philosophy of
    the Constitution
    2

    Constitution as a Living Document and Philosophy of the Constitution

    ❖ Constitution as a Living Document

    ❖ Types of Majority

    Constitution as a Living Document:

    ❖ The Constitution of India is a living document. This means that the Constitution of
    India can be amended or changed from time to time, as the conditions emerge.

    ❖ Amendment means any change, modification, addition, or deletion to the Constitution.

    ❖ The Constitution of India has provided a specific procedure that has to be followed for
    its amendment.

    ❖ It is seen that almost all the Constitutions of the world were rewritten as time or

    situation changed. Thus no constitution in the world can be called static.

    ➢ Example: The constitution of the Soviet Union was rewritten four times whereas the

    French Constitution was rewritten five times. This shows that the Constitution

    cannot be static.

    ❖ However, the Indian Constitution has not been rewritten even once in the last 73 years

    since its commencement because the Constitution itself provides the method to change

    it according to the changing needs of the people.

    ➢ The Indian Constitution was enacted on 26 November 1949 and it commenced on

    26 January 1950 (Republic Day).

    ❖ A constitution cannot be unalterable as it is the worst thing that can happen to people.

    ➢ Societal needs and challenges will keep on changing as time changes. The past

    generation cannot bind the future generation otherwise society would not progress.
    3

    Question to Ponder upon:

    Why there has been a broad agreement on the acceptance of the Indian Constitution?

    Answer: The elements that contributed to the acceptance of the Indian Constitution among
    the people of India are as follows:

    ❖ Mode of Deliberation: Discussed in the previous class

    ❖ Institutional Agreement: Discussed in the previous class

    ❖ The way India’s Constitution has been Framed: All the groups living within India have
    a reason to accept the Constitution of India as the interests, concerns, and welfare of
    all the groups have been taken care of.

    Constitution of India: Rigid or Flexible

    ❖ The constitution can be classified into Rigid or Flexible based on its method of

    amendment.

    ❖ Features of Rigid Constitution:

    ➢ A Rigid Constitution is resistant to change. Example: American Constitution.

    ➢ Thus, it is something that cannot be easily changed.

    ➢ Some parts of the Indian Constitution

    are rigid. Examples: Fundamental

    Rights, Directive Principles of State

    Policy, etc.

    ❖ Features of Flexible Constitution:

    ➢ A Flexible Constitution is open to

    change. Example: British Constitution.

    ➢ Thus, it is something that can be easily

    changed.
    4

    ➢ Large parts of the Indian Constitution are flexible. Examples: Citizenship provisions,
    Admission or establishment of new states, etc.

    ❖ The Indian Constitution is a mixture of rigid and flexible provisions.

    ➢ Flexibility in the Indian Constitution: Certain provisions in the Constitution can be


    amended by a simple majority of both Houses of Parliament.

    ➢ Rigidity in the Indian Constitution: Certain cases can be amended by a special


    majority of all the members of the Parliament. Certain features relating to the
    federation require ratification by half of the states besides requiring a special
    majority.

    ❖ Thus, the amendment procedure of the Indian constitution combines the features of
    rigidity and flexibility.

    Types of Majority:

    ❖ Simple Majority:

    ➢ A Simple Majority refers to


    more than 50% of the
    members present and voting.

    ➢ It is an easy method through


    which the government is run.

    ➢ The ordinary laws (related to


    administration) are passed by
    a simple majority in the Parliament and State Legislature.

    ➢ Suppose an ordinary law has to be passed in the Lok Sabha. The total number of
    members present on that day in the House is 250. So for the law to be passed it
    needs to be approved by at least 126 members (more than 50% of 250) present
    and voting.
    5

    ❖ Special Majority:

    ➢ Case I:

    ✓ A Special Majority refers to 2/3rd of the members present and voting

    and

    It must be more than half of the total strength of the House.

    ✓ The total strength of Rajya Sabha is 245 and Lok Sabha is 545. Therefore,
    any amendment must be supported by a minimum of 123 members in the
    Rajya Sabha and 273 members in the Lok Sabha.

    ✓ It is applied to those constitutional amendments which don't involve the


    interest of the State Government.

    ✓ Example: The 52nd Constitutional Amendment Act, of 1985 introduced the


    Anti-Defection Law. It provided for the disqualification of members of
    Parliament and State Legislature on grounds of defection. Defection means
    when an MP or MLA gives up her allegiance from one political party to another
    for her personal gains. Since the amendment did not involve any article
    related to the distribution of powers between the States and the Central
    Government, it was passed by a special majority without ratification by the
    States.

    ✓ Suppose that a law has to be passed in the Lok Sabha with a special majority.
    On that day, 450 members were present. Then it has to be passed by 2/3rd
    of the 450 i.e. 300 members and more than half of 545 (total strength of
    Lok Sabha) i.e. 273 members.

    ➢ Case II:

    ✓ Another case of Special Majority requires state ratification.

    ✓ It refers to 2/3rd of the members present and voting

    and

    It must be more than half of the total strength of the House

    and

    Half of the States should ratify it with a simple majority.


    6

    ✓ Presently, there are 28 States in India therefore the ratification by 14 States


    will be required for the passing of the amendment bill.

    ✓ A simple majority is required in the State to make it easy for so many States
    to pass the law.

    ✓ A special majority is required at the Centre (Parliament) to make the process


    of amendment difficult for the Government. The Government would need the
    support of the opposition parties to pass these laws.

    ✓ It is applied when an amendment aims to modify an article related to the


    distribution of powers between the States and the Central Government. This
    is done to protect the federal features of the Constitution.

    ✓ Example: The 101st Amendment Act, of 2016 introduced the Goods and
    Services Tax (GST). It combined all the Central and State taxes (except for a
    few) under one head i.e. GST. Since the amendment involved an article related
    to the distribution of financial powers between the States and the Central
    Government, therefore it was passed by a special majority with the ratification
    by the States.

    ❖ The constitutions of the U.S., South Africa, Russia, etc. have employed the principle of
    special majority for the amendment of their constitution. In the case of the
    constitution of the US, it is the two-thirds majority, while in South Africa and Russia,
    for some amendments, the three-fourths majority is required.

    ❖ Thus, the special majority of two-thirds of the members present and voting has been
    adopted from the American Constitution in the Constitution of India.

    

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