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AMENDMENT OF INDIAN CONSTITUTION-24th Amendment Act 1971 - UPSC PDF Download
24th Amendment Act 1971
In order to remove difficulties created by the decision of Supreme Court in GOLAKNATH'S case parliament enacted the 24th amendment Act. The amendment has made the following amendments:
- It has added a new clause (4) to article 13 which provides that 'nothing in this article shall apply to any amendment of this constitution made under article 368.
- It substituted a new marginal heading to article 368 in place of the old heading "procedure for amendment of the constitution". The new heading is "power of parliament to amend the constitution and procedure thereof."
- It inserted a sub clause (1) in article 368 which provides that "notwithstanding anything in this constitution, parliament may, in exercise of its constituent power may amend by way of addition, variation, or repeal any provision of this constitution in accordance with the procedure laid down in article"
- It substituted the words "it shall be presented to the president who shall give his assent to the bill and thereupon" for the words "it shall be presented to the president for his assent and upon such assent being given to the Bill." Thus it obligatory for the president to give his assent to the bill amending the constitution.
- It has added a new clause (3) to article 368 which provides that "nothing in article 13 shall apply to any amendment made under this article."
FAQs on AMENDMENT OF INDIAN CONSTITUTION-24th Amendment Act 1971 - UPSC
| 1. What is the 24th Amendment Act of 1971 in the Indian Constitution? |  |
Ans. The 24th Amendment Act of 1971 is an amendment to the Indian Constitution that was enacted to curtail the power of the judiciary to review constitutional amendments. It inserted Article 368(4) into the Constitution, which states that amendments made under Article 368 cannot be challenged on the grounds that they violate any of the fundamental rights guaranteed by the Constitution.
| 2. Why was the 24th Amendment Act of 1971 introduced? | |
Ans. The 24th Amendment Act of 1971 was introduced to nullify the Supreme Court's decision in the Golaknath case. In this case, the Supreme Court had ruled that the Parliament could not amend fundamental rights, as they form part of the basic structure of the Constitution. The amendment was intended to restore the Parliament's power to amend any provision of the Constitution, including fundamental rights.
| 3. How does the 24th Amendment Act impact the power of the judiciary? | |
Ans. The 24th Amendment Act restricts the power of the judiciary to review constitutional amendments. It prohibits the courts from declaring any amendment as void on the grounds of violating fundamental rights. This means that the Parliament's power to amend the Constitution, including fundamental rights, cannot be questioned by the judiciary.
| 4. Does the 24th Amendment Act compromise the independence of the judiciary? | |
Ans. The 24th Amendment Act has been criticized for compromising the independence of the judiciary. By limiting the power of the judiciary to review constitutional amendments, it gives the Parliament unchecked authority to amend the Constitution, potentially undermining the separation of powers between the legislative and judicial branches of the government.
| 5. Can the 24th Amendment Act be challenged in court? | |
Ans. The 24th Amendment Act itself cannot be challenged in court as it inserted Article 368(4) into the Constitution, which restricts the judiciary from reviewing constitutional amendments. However, challenges can still be made to specific constitutional amendments passed under the Act if they violate any other provisions of the Constitution that are not covered by Article 368(4).
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