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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.
Union of India 1980 SCC (3) 625, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of the Constitution. 43rd: Amend articles 145, 226, 228 and 366. Remove articles 31D, 32A, 131A, 144A, 226A and 228A. [51] 13 April 1978 Amendment passed after revocation of internal emergency in the Country.
The following is the full text of Article 368 of the Constitution, which governs constitutional amendments. New clauses 368 (1) and 368 (3) were added by the 24th Amendment in 1971, which also added a new clause (4) in article 13 which reads, "Nothing in this article shall apply to any amendment of this Constitution made under article 368."
The majority did not agree with the view that Article 368 of the Constitution contained "power and procedure" to amend, but instead believed that the text of Article 368 only explained the procedure to amend the constitution, the power being derived from entry 97 of the List I of the VII Schedule to the Constitution. Since according to Article ...
The Supreme Court had held that the power of Parliament to diminish the area of a state as guaranteed in article 3 of the Constitution does not cover cession of the Indian territory to a foreign country. Hence, Indian territory can be ceded to a foreign country only by means of amendment of the Constitution under the Article 368.
Constitution Amendment Bill. Article 368 of the Indian constitution requires that the constitution can be amended by both houses of parliament by a two-thirds majority (special majority). In case of disagreement between both houses, there is no provision to summon a joint session of parliament.
[1] [3] When the constitutionality of the amendment was challenged, a five-judge bench of the Supreme Court held that Article 368 grants the Parliament the power to amend the Constitution, including the Fundamental Rights and Article 368 in Shankari Prasad Singh Deo v. Union of India (1951) and Sajjan Singh v. State of Rajasthan (1965).
This was done by amending articles 13 and 368 to exclude amendments made under article 368, from article 13's prohibition of any law abridging or taking away any of the Fundamental Rights. [12] Chief Justice Koka Subba Rao writing for the majority held that: A law to amend the constitution is a law for the purposes of Article 13.