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In India, who is competent to amend Fundamental Rights of the citizens?
- a)Lok Sabha
- b)Rajya Sabha
- c)Parliament
- d)Supreme Court
Correct answer is option 'C'. Can you explain this answer?
Verified Answer
In India, who is competent to amend Fundamental Rights of the citizens...
The correct answer is Parliament.
Key Points
- The Parliament is competent to amend the Fundamental Rights of the citizens in India.
- But this amendment should be done in such a way that it doesn't affect the Basic Structure of the Constitution.
- The amendment bill must be passed through the special majority i.e. 2/3rd of members present and voting.
- Amendments in Fundamental Rights:
- TheSupreme Courtgave Parliamentfull power to amendthe Constitution including Fundamental Rights, giving decisions in cases like'Shankari Prasad v. Government of India case' (1951) and 'Sajjan Singh v. Government of Rajasthan case' (1965).
- The Supreme Court, in the decision of Golaknath v. Punjab State (1967), prohibited the amendment of Fundamental Rights through the procedure laid down in Article 368. That is, Parliament cannot amend fundamental rights.
- Articles 13 and 368 were amended by the 24th Constitutional Amendment (1971) and it was determined that the fundamental rights can be amended by the procedure given in Article 368.
- In Kesavananda Bharti v. Kerala State decision, such amendment was accorded legal recognition i.e. Golaknath v. the State of Punjab was repealed.
- Clauses 4 and 5 were added to Article 368 by the 42nd Constitution Amendment and it was arranged that such amendments cannot be questioned in any court.
- By the decision of Minerva Mills v Union of India (1980), it was determined that the court has the right to protect the basic structure of the Constitution.
- The court can review any amendment on this basis. The system made by the 42nd Constitutional Amendment was also abolished by this.
Additional Information
- Fundamental Rights in India are taken from the constitution of the USA.
- It is described in Part-3 of the Constitution (Article 12 to Article 35).
- It can be amended and other fundamental rights can be suspended during a national emergency (Article 352) except the right to life and personal liberty(Article 21).
- The original constitution had seven fundamental rights, but by the 44th Constitutional Amendment (1979), the right to property (Article 31 to Article 19f) was removed from the list of Fundamental Rights.
- The right to property as a legal right is kept under Article 300 (a) of the Constitution.
- Indian citizens have the following fundamental rights:
- Right to Equality (Article 14 to Article 18)
- Right to freedom (Articles 19 to 22)
- Right against exploitation (Articles 23 to 24)
- Right to religious freedom (Articles 25 to 28)
- Right to Culture and Education (Articles 29 to 30)
- Constitutional Rights (Article 32-35)
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In India, who is competent to amend Fundamental Rights of the citizens?a)Lok Sabhab)Rajya Sabhac)Parliamentd)Supreme CourtCorrect answer is option 'C'. Can you explain this answer?
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