C ONSTITUTION AS A L IVING D OCUMENT We have described our Constitution as a living document. What does that mean? Almost like a living being, this document keeps responding to the situations and circumstances arising from time to time. Like a living being, the Constitution responds to experience.
In fact that is the answer to the riddle we mentioned at the beginning about the durability of the Constitution. Even after so many changes in the society, the Constitution continues to work effectively because of this ability to be dynamic, to be open to interpretations and the ability to respond to the changing situation. This is a hallmark of a democratic constitution. In a democracy, practices and ideas keep evolving over time and the society engages in experiments according to these.
A constitution, which protects democracy and yet allows for evolution of new practices becomes not only durable but also the object of respect from the citizens. The important point is: has the Constitution been able to protect itself and protect democracy? In the last fifty five years some very critical situations arose in the politics and constitutional development of the country. We have made a brief reference to some of these in this chapter already.
In terms of Check your progress State whether the following statements are correct or not: After the Basic Structure ruling, the Parliament does not have power to amend the Constitution. The Supreme Court has given a clear list of the basic features of our Constitution, which cannot be amended. Judiciary has the power to decide whether an amendment violates basic structure or not. The Kesavananda Bharati ruling has set clear limits on the Parliament’s power to amend the Constitution.