Collegers

Can fundamental rights be amended? - CSAT EXAM ARTICLE

In 1967 golak nath v/s State of punjab a bench of 11 judges deliberated whether any part of the constitution could be revoked or limited.the power to amend upheld on the basis of article 368. In this judgement it was said fundamental rights cannot be amended. Six years later in 1973 13 judges of supreme court heard arguments in kesavanandha bharati v/s the state of kerala and thus considered validity of 24th 25th and 29th amendments ! Therefore this case established the principle that the basic structure cannot be amended on the grounds that a power to amend is not a power to destroy! This is a very important article written and edited by ME ! Please take a note for future reference!