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Article 13(4) added. Enable Parliament to dilute Fundamental Rights through amendments to the Constitution. It was made compulsory for the President to give consent to the Constitution Amendment Bill. 25th: Amend article 31. Insert article 31C. [31] 8 December 1971 Restrict property rights and compensation in case the state takes over private ...
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 Supreme Court, by thin majority of 6:5, held that a constitutional amendment under Article 368 of the Constitution was an ordinary 'law' within the meaning of Article 13(3) of the Constitution. The majority did not believe there was any difference between ordinary legislative power of the parliament and the inherent constituent power of ...
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.
Opinion: 13th Amendment has been cited to address what we consider modern forms of slavery, i.e., sex trafficking, bondage or aggravated kidnapping.
The word 'amendment' occurring in Article 368 must therefore be construed in such a manner as to preserve the power of the Parliament to amend the Constitution, but not so as to result in damaging or destroying the structure and identity of the Constitution. There was thus an implied limitation on the amending power which prevented the ...
The amendments under this category are specifically excluded from the purview of article 368 which is the specific provision in the Constitution dealing with the power and the procedure for the amendment of the Constitution. Article 4 provides that laws made by Parliament under article 2 (relating to admission or establishment of new States ...
Subject to the provisions in the Constitution elsewhere, the power to legislate on residuary subjects, rests with Parliament or state legislative assembly as the case may be per Article 245. Deemed amendments to the Constitution which could be passed under legislative powers of Parliament, are no more valid after the addition of Article 368 (1 ...