amendement of constitution.
shantanu dekhane
(Querist) 10 January 2010
This query is : Resolved
whether fundamental rights can be amdended by using power given in art 368 of the constitution.
A V Vishal
(Expert) 10 January 2010
The question whether Fundamental Rights can be amended under Article 368 came for consideration of the Supreme Court in Shankari Prasad v. Union of India . It challenged the validity of the 1st amendment to the Constitution. In this case it was held that a constitution amendment will also be held valid even it abridges or takes away any of the fundamental rights. A similar decision was given by the hon'ble Supreme Court in Sajjan Singh v. State of Rajasthan which challenged the validity of the 17th amendment. In Golaknath v. State of Punjab , the validity of the Constitution (17th Amendment) Act, 1964 was again challenged, which inserted certain State Acts in Ninth Schedule. The Supreme Court in its landmark decision overruled the decision given in the Shankari Prasad's and Sajjan Singh's case. It held that the Parliament had no power from the date of this decision to amend Part III of the Constitution so as to take away or abridge the Fundamental rights. Eleven judges participated in this decision with the ratio being 6 : 5. The judges were worried about the numerous amendments made to abridge the fundamental rights since 1950. It apprehended that if the courts were to hold that the Parliament had power to take away fundamental rights, a time might come when these rights are completely eroded. The Chief Justice applied the doctrine of Prospective Overruling and held that this decision will have only prospective operation and, therefore, the 1st, 4th and 17th amendment will continue to be valid.
It means that all cases decided before the Golaknath's case shall remain valid. In order to remove difficulties created by Golaknath's decision parliament enacted the 24th Amendment.
joyce
(Expert) 10 January 2010
well clarified by vishal
M/s. Y-not legal services
(Expert) 06 October 2010
Done a nice job by mr.vishal.. Till date.. We don't have any chance to do amendment in fundamental rights..
