Question

constitution of india is not static​

Answer 1

Answer:

yes, tell me why it is not static

Answer 2

Answer:

Explanation:

A constitution is said to be dynamic or living when it has attributes of changing according to need of society .In the U.S.A there are two factions over the issue conservatives say that constitution is static and it should be interpreted as the makers of constitution would have interpreted. However,view of a Living Constitution is more clearly defined by Barak Obama in The Audacity of Hope, it “must be read in the context of an ever-changing world.”

In India :

Speaking on the Constitution (Fourth Amendment) Bill, 1955 Shri Jawaharlal Nehru said:

“After all, the Constitution is meant to facilitate the working of the Government and the administrative and other structures of this country. It is meant to be not something that is static and which has a static form in a changing world, but something which has something dynamic in it, which takes cognizance of the dynamic nature of modern conditions, modern society.”

In the STATEMENT OF OBJECTS AND REASONS of the 42ndConstitution (Amendment) Bill, 1976 it was stated:

A Constitution to be living must be growing. If the impediments to the growth of the Constitution are not removed, the Constitution will suffer a virtual atrophy.

Our constitution is still a living document. The reasons are : firstly, that our constitution accepts the required changes which is needed by the society; secondly, there have been enough flexibility in our interpretations. This means that our judiciary has interpreted our constitution according to changing circumstances. So, constitution is an instrument that may require changes from time to time. Our constitution is not a static document and it can be altered but at the same time it is a sacred document. our constitution is above ordinary law. It provides the framework to the government for democratic governance. That is why it is said that our constitution is a living document.

Since the adoption of constitution on 26th January,1950 there have been vast changes in social ,economic and political sphere of life therefore need for dynamic constitution is inevitable.

The provision of constitution (except basic structure)can be amended following the procedure in Art 368 as well as is open for judicial review too.