New Click here to Enroll for SIDBI MSME Expert Classes by Experts

    Register

    Question

    As per the Judgment in case of Keshavananda Bharti

    clause (4) of Art. 13 of the constitution in relation to Art. 368 has been______
    A Nullified Correct Answer Incorrect Answer
    B Upheld Correct Answer Incorrect Answer
    C Unconstitutional Correct Answer Incorrect Answer
    D Void ab initio. Correct Answer Incorrect Answer

    Solution

    he 24th amendment to the Indian Constitution was enacted by the then Indira Gandhi government in November 1971. The objective was to nullify the Supreme Court’s ruling that had left the Parliament with no power to curtail the Fundamental Rights. Clause (4) was inserted in Article 13, which states: “Nothing in this article shall apply to any amendment of this Constitution made under article 368.” This provision added more power to the Parliament when it comes to amending the Constitution. It brought Fundamental Rights within the purview of amendment procedure and judicial intervention or review of those amendments was prohibited. This amendment was challenged in the Keshavananda Bharti case and the court upheld it’s validity and also held that parliament has amending power to part III of the constitution subjected to not amending or affecting the basic structure of the constitution.

    Practice Next