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Q20 (CAPF/2017) Polity & Governance › Fundamental Rights, DPSP & Fundamental Duties › Fundamental Rights framework Answer Verified

Which one of the following judgments declared that the Parliament has NO power to amend any of the provisions of Part III of the Constitution of India ?

Result
Your answer: —  ·  Correct: B
Explanation

In the landmark case of Golak Nath vs. State of Punjab (1967), the Supreme Court reversed its previous stance regarding the Parliament's power to amend the Constitution [2]. By a 6:5 majority, the Court ruled that Fundamental Rights in Part III are 'transcendental and immutable', meaning Parliament cannot abridge or take away these rights [4]. The Court held that a constitutional amendment under Article 368 is a 'law' within the meaning of Article 13(2), and thus any amendment violating Fundamental Rights would be void [2]. This judgment effectively declared that Parliament had no power to amend Part III to curtail these rights [2]. This position was later overruled in the Kesavananda Bharati case (1973), which restored the power to amend any part of the Constitution provided the 'basic structure' remains intact [3].

Sources

  1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 127
  2. [2] https://en.wikipedia.org/wiki/I._C._Golaknath_and_Others_v._State_of_Punjab_and_Anothers
  3. [4] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 10: Procedure for Amendment > President bound to give assent. > p. 194
  4. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > CHAP. 8 Fundamental Rights and Fundamental Duties 97 > p. 97
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