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The Constitution of India — An Introduction

A living document

Find out why the Constitution is called a living document.

Think: in 1949, were there mobile phones? The internet? Of course not. The makers knew new needs would come up over time, so the Constitution had to be able to change. That's why it's called a living document.

For example, Part IV-A: Fundamental Duties was added in 1976. That's partly why it grew from 22 parts and 8 schedules to 25 and 12.

But changing it is not easy, on purpose. Changes are called amendments:

  • they're debated carefully in Parliament
  • some must also be debated in state legislative assemblies
  • often the public is asked for its views
  • some changes start with popular movements

Why make it hard? If it were easy to change, whoever was in power could remove the limits on themselves; if it were impossible to change, it would be frozen in 1949. Change through open argument keeps the balance.

One change began with one citizen. People were once not allowed to fly the national flag at home. In 2004, a citizen felt it was his right to show pride in his country, and challenged the rule in court.

The Supreme Court agreed: flying the flag is part of the Fundamental Right to Freedom of Expression. Now we can all fly the tricolour with pride, as long as it's never dishonoured. Nothing in the Constitution was rewritten; the court read an existing right more fully.

Another change, by amendment: the Panchayati Raj system (from Grade 6) wasn't in the original Constitution. It was added in 1992 by the 73rd Amendment. Local self-government came over forty years after the rest!

The government also asks people for feedback on proposed laws and rules. A living document is one its people can still discuss and improve.

A citizen who wanted to fly the flag at home changed what the right to expression means.

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