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Twenty-fourth Amendment of the Constitution of India
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.
The 24th Amendment was enacted, by the Congress government headed by Indira Gandhi, to abrogate the Supreme Court ruling in Golaknath v. State of Punjab. The judgement reversed the Supreme Court's earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to Fundamental Rights. The judgement left Parliament with no power to curtail Fundamental Rights. To abrogate the ruling, the government intended to amend article 368 to provide expressly that Parliament has power to amend any provision of the Constitution, thereby bringing Fundamental Rights within the scope of its amending procedure, and preventing review of those changes by the courts.
The 24th Amendment came into force on 5 November 1971. The Indian press criticised the 24th Amendment as being too sweeping in its ambit, and of dubious legality. The Amendment was also opposed by jurists, and all the surviving members of the Constituent Assembly at the time. The Supreme Court upheld the validity of the 24th Amendment in Kesavananda Bharati v. State of Kerala in 1973.
BE it enacted by Parliament and in the Twenty-second Year of the Republic of India as follows:—
1. Short title This Act may be called the Constitution (Twenty-fourth Amendment) Act, 1971.
2. Amendment of article 13 In article 13 of the Constitution, after clause (3), the following clause shall be inserted, namely:—
"(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368."
3. Amendment of article 368 Article 368 of the Constitution shall be re-numbered as clause (2) thereof, and—
The full text of article 13, after the 24th Amendment, is given below:
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Twenty-fourth Amendment of the Constitution of India
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.
The 24th Amendment was enacted, by the Congress government headed by Indira Gandhi, to abrogate the Supreme Court ruling in Golaknath v. State of Punjab. The judgement reversed the Supreme Court's earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to Fundamental Rights. The judgement left Parliament with no power to curtail Fundamental Rights. To abrogate the ruling, the government intended to amend article 368 to provide expressly that Parliament has power to amend any provision of the Constitution, thereby bringing Fundamental Rights within the scope of its amending procedure, and preventing review of those changes by the courts.
The 24th Amendment came into force on 5 November 1971. The Indian press criticised the 24th Amendment as being too sweeping in its ambit, and of dubious legality. The Amendment was also opposed by jurists, and all the surviving members of the Constituent Assembly at the time. The Supreme Court upheld the validity of the 24th Amendment in Kesavananda Bharati v. State of Kerala in 1973.
BE it enacted by Parliament and in the Twenty-second Year of the Republic of India as follows:—
1. Short title This Act may be called the Constitution (Twenty-fourth Amendment) Act, 1971.
2. Amendment of article 13 In article 13 of the Constitution, after clause (3), the following clause shall be inserted, namely:—
"(4) Nothing in this article shall apply to any amendment of this Constitution made under article 368."
3. Amendment of article 368 Article 368 of the Constitution shall be re-numbered as clause (2) thereof, and—
The full text of article 13, after the 24th Amendment, is given below: