24th Constitutional Amendment Act, 1971
The 24th Constitutional Amendment Act, 1971
1. Background
The 24th Amendment was enacted against the backdrop of the famous Kesavananda Bharati case (1973), but it was passed before the judgment.
It was a response to earlier Supreme Court judgments, especially Golak Nath v. State of Punjab (1967), which had restricted Parliament’s power to amend fundamental rights.
The Amendment aimed to restore and affirm Parliament’s authority to amend any part of the Constitution, including Fundamental Rights.
2. Key Changes Introduced
The 24th Amendment modified Articles 13 and 368 of the Constitution:
Article 13
The Amendment excluded Constitutional Amendments from being called "law" under Article 13(2).
Article 13(2) says: “The State shall not make any law which takes away or abridges the rights conferred by this Part…”
Post-amendment, Parliamentary amendments were exempted from the scrutiny under Article 13, meaning constitutional amendments cannot be challenged as violating Fundamental Rights.
Article 368
It clarified that Parliament has the power to amend any part of the Constitution, including Fundamental Rights.
Added clause 4 to Article 368, explicitly stating amendment of Fundamental Rights is valid.
3. Why Was This Amendment Needed?
Golak Nath case (1967) ruled that Parliament could not amend Fundamental Rights.
This restricted Parliament’s power and created a constitutional crisis.
The 24th Amendment was Parliament’s way to regain full authority to amend the Constitution, especially Fundamental Rights.
4. Exact Wording of Important Provisions
Article 13(2) was amended to exclude constitutional amendments from the definition of ‘law’ that could violate Fundamental Rights.
Article 368(1) was amended to give Parliament explicit power to amend any part of the Constitution.
5. Relevant Case Law
🏛️ Kesavananda Bharati v. State of Kerala (1973)
This is the most famous and landmark case relating to the 24th Amendment.
The Supreme Court held:
Parliament has the power to amend the Constitution, including Fundamental Rights.
However, this power is not unlimited.
Introduced the “Basic Structure Doctrine”: Parliament cannot alter the ‘basic structure’ or essential framework of the Constitution.
The 24th Amendment was partly upheld, confirming Parliament’s authority but within limits.
This case balanced Parliament’s amendment power and protection of fundamental constitutional principles.
🏛️ I.C. Golak Nath v. State of Punjab (1967)
Earlier, the Court had ruled Parliament could not amend Fundamental Rights.
The 24th Amendment directly overruled this in part, but the Kesavananda case refined the approach.
🏛️ Madhav Rao Jivaji Rao Scindia v. Union of India (1971)
Held that the 24th Amendment was valid and upheld the enlarged powers of Parliament.
6. Impact of the 24th Amendment
Reasserted Parliament’s supremacy in amending the Constitution.
Marked a shift in constitutional law by allowing amendments even to Fundamental Rights.
Triggered the basic structure doctrine, which serves as a constitutional safeguard.
7. Summary Table
| Aspect | Details |
|---|---|
| Year Passed | 1971 |
| Purpose | Restore Parliament's power to amend Fundamental Rights |
| Key Articles Amended | Article 13 and Article 368 |
| Important Outcome | Parliament can amend Fundamental Rights (with limits) |
| Landmark Case | Kesavananda Bharati v. State of Kerala (1973) |
| Doctrine Introduced | Basic Structure Doctrine |
8. Conclusion
The 24th Constitutional Amendment was a pivotal moment in Indian constitutional history. It reaffirmed Parliament’s authority to amend any part of the Constitution, including Fundamental Rights, but also indirectly led to the Supreme Court imposing limits through the basic structure doctrine in Kesavananda Bharati.
This balance protects the Constitution’s core values while allowing it to evolve with time.
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