Question
An amendment to the constitution is__________
Solution
As per Art. 13 (4) Nothing in this article shall apply to any amendment of this Constitution made under article 368. Clause (4) was added to the constitution by 24th Amendment of the Constitution. This Amendment was challenged in the case of Keshavananda Bharati v. State of Kerala (1973). In this case, the court overruled Golaknath’s case to this extent and upheld the validity of 24th Constitutional Amendment. Therefore, the present position is that the word ‘law’ does not include a constitutional amendment. Article 13(2) does not put any kind of restriction on the Parliament’s power to amend the Fundamental Rights under Article 368. But Parliament cannot amend or alter the basic structure of the Constitution.
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