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There is a limitation on the power of amendment by necessary implication which was apparent from a reading of the preamble and therefore, according to the learned Chief Justice, the expression 'amendment of this Constitution,' in Article 368, means any addition or change in any of the provisions of the Constitution within the broad contours of ...
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 State of Kerala, where the Supreme Court ruled that amendments of the constitution must respect the "basic structure" of the constitution, and certain fundamental features of the constitution cannot be altered by amendment.
State of Kerala (1973) case, declared that the basic structure/features of the constitution is resting on the basic foundation of the constitution. The basic foundation of the constitution is the dignity and the freedom of its citizens which is of supreme importance and can not be destroyed by any legislation of the parliament. [ 9 ]
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.
State of Kerala, the power of Parliament to amend the constitution was limited, it could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise ...
State of Kerala (1970), the courts can invalidate any constitutional amendments if they infringe on the Basic Structure of the Constitution of India. [ 1 ] [ 3 ] Frequently, judicial review is used to protect and enforce the Fundamental Rights guaranteed in the Constitution .
The 64th Amendment Bill was prepared and introduced in the lower house of Parliament. But it got defeated in the Rajya Sabha as non-convincing. He lost the general elections too. In 1989, the National Front introduced the 74th Constitutional Amendment Bill, which could not become an Act because of the dissolution of the Ninth Lok Sabha.