UPSC Polity Question

With reference to legal philosophy of the Constitution, consider the following statements: 1. 'Modernism' demands that the constitution should be interpreted as it was understood at the time when it was ratified. 2. 'Originalism' demands that the constitution should be updated with times to encompass changing societal needs. Which of the above statement(s) is/are correct?

A. 1 only
B. 2 only
C. Both 1 and 2
D. Neither 1 nor 2

Correct Answer:

D. Neither 1 nor 2

Explanation:

Statement 1 is incorrect: This describes 'Originalism', not 'Modernism'. Originalism is the theory that the Constitution should be interpreted based on its original meaning at the time of ratification. Statement 2 is incorrect: This describes 'Modernism' or the 'Living Constitution' theory, not 'Originalism'. This philosophy holds that the constitution should be interpreted in light of contemporary society's needs.

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