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Amend articles 13 and 368. [30] 5 November 1971 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
The Constitution (First Amendment) Act, 1951, enacted in 1951, made several changes to the Fundamental Rights provisions of the Indian constitution.It provided means to restrict freedom of speech and expression, validation of zamindari abolition laws, and clarified that the right to equality does not bar the enactment of laws which provide "special consideration" for weaker sections of society.
Fundamental Rights cannot be abridged or taken away by the amending procedure in Art. 368 of the Constitution. An amendment to the Constitution is 'law' within the meaning of Art. 13(2) and is therefore subject to Part III of the Constitution. Decision by: K. Subba Rao (Chief Justice) with J.C. Shah, S.M. Sikri, J.M. Shelat, C.A. Vaidiyalingam
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 ...
Minerva Mills Ltd. and Ors. v. Union Of India and Ors. (case number: Writ Petition (Civil) 356 of 1977; case citation: AIR 1980 SC 1789) [1] is a landmark decision of the Supreme Court of India [2] that applied and evolved the basic structure doctrine 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.
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 ...
The Act was passed in accordance with the provisions of Article 368 of the Constitution, and has been ratified by more than half of the State Legislatures, as required under Clause (2) of the said article. On 12 August 2016, Assam became the first state to ratify the bill, when the Assam Legislative Assembly unanimously approved it. [10]