Chapter : 3. Constitution Design
Indian Constitution Is A Living Document
Indian Constitution has been called as a living document because it can be changed according to the need of the time. It has a special amending procedure of its own. It has three categories of amending procedures.
(i) In the first category amendments can be carried out by a simple majority of the members present and voting before sending it to the President for his assent.
(ii) In the second category amendments can only be carried out by two-thirds majority of the members present and voting of each House before it is sent to President for his assent.
(iii) In the third category, an amendment is a some what difficult task. Not only the two thirds majority of the two Houses of the Parliament is required but also such an amendment is to be approved by at least 50 per cent of the state legislatures before it is sent to the President for this assent.
That is why Indian Constitution is called federal in structure but unitary in form or spirit.
Importance Of Constitution For A Democratic Country
As discussed above, the set of rules which decides the composition and functions of a government, is called the constitution of a country. The Constitution is quite important for each and every country. But it has more importance in a democratic form of government because of the following reasons :
1. It is according to the Constitution that the Government in a democratic country is formed and its work is conducted.
2. The Constitution delimits the scope of activity of the various organs of the Government. Democracy is a government of the people, by the people and for the people. It must work for the people and in no case misuse its powers, and minimist the changes of confrontation among them.
3. In a democratic country, powers of a democratic government are clearly defined in a constitution and as such it cannot misuse them.
4. In a democratic form of government, the rights of the people have a great importance of their own. It is the Constitution which safeguards the rights of the citizens.
5. Constitution is an index of the aspirations of the people. It is not a mere document. It constantly goes on growing and evolving according to the needs and aspirations of the people as well as the functioning institutions.
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