Amendabiltiy of Fundamental Rights
To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of Fundamental Rights. It gives an idea of all the topics important for IAS Exam and the polity syllabus (GS-II). Fundamental Rights and related topics are extremely important for the UPSC Exam. This is an essential portion of the polity. As IAS aspirants, you should be thorough with the Union and Territories. This article will provide you with relevant details about the Nature of Fundamental Rights.
|AMENDABILITY OF FUNDAMENTAL RIGHTS|
- Issue of amendability boils down to interpretation of the term “law” under the ambit of meaning 13.
- From Shankari prasad case to Sajjan Singh case 1965, the court held that the term “law”, does not include constitutional amendment. This implies that the fundamental rights are amendable.
- In Golakhnath case of 1967 (6:5 majority), the Supreme Court reversed its earlier position and held that FR are not amendable.
- Following above rulings, parliament in response enacted 24th CAA 1971, added Art. 13(4) and Art. 368(3).
- 24th CAA 1971 challenged in Kesavananda Bharti case of 1973. Court endorsed that all parts of the constitution are amendable except the part and elements that constitutes basic structure of the constitution.
- However, court does not delineate what actually constitutes the basic structure of constitution.
- Generally, that all parts are component of basic structure without which the constitution would lose its identity and its very essenc