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Amendment of The Constitution & Basic Structure: By: Kartikey Chaudhary
Amendment of The Constitution & Basic Structure: By: Kartikey Chaudhary
Basic Structure
BY : KARTIKEY CHAUDHARY
Amendment of the Constitution
Amendment of the Constitution
Like any other written Constitution, the Constitution of India also
provides for its amendment in order to adjust itself to the changing
conditions and needs .
6. The president must give his assent to the bill. He can neither withhold his
assent to the bill nor return the bill for reconsideration of the Parliament.
7. After the president’s assent, the bill becomes an Act (i.e., a constitutional
amendment act) and the Constitution stands amended in accordance with
the terms of the Act
TYPES OF AMENDMENTS
But in the Golak Nath case (1967), the Supreme Court reversed its
earlier stand. In that case, the constitutional validity of the Seventeenth
Amendment Act (1964), which inserted certain state acts in the Ninth
Schedule, was challenged. The Supreme Court ruled that the
Fundamental Rights are given
a ‘transcendental and immutable’ position and hence, the Parliament
cannot abridge or take away any of these rights
The Parliament reacted to the Supreme Court’s judgement
in the GolakNath case (1967) by enacting the 24th
Amendment Act (1971).
The present position is that the Parliament under Article 368 can amend any
part of the Constitution including the Fundamental Rights but without
affecting the ‘basic structure’ of the Constitution. However, the Supreme
Court is yet to define or clarify as to what constitutes the ‘basic structure’ of
the Constitution. From the various judgements, the following have emerged
as ‘basic features’ of the Constitution or elements / components / ingredients
of the ‘basic structure’ of the constitution:
1. Supremacy of the Constitution
8. Judicial review
12.Principle of equality