Indian Polity • ConstitutionMedium
Examine the constitutional provisions governing the amendment of Fundamental Rights: 1. Fundamental Rights can be amended by a simple majority of Parliament. 2. The power to amend the Constitution, including Part III, is derived from Article 368. 3. Any constitutional amendment that alters the basic structure of the Constitution is declared void by the judiciary. Which of the statements given above are correct?
A. 1 and 2 only
B. 2 and 3 only✓ Correct Answer
C. 1 and 3 only
D. 1, 2 and 3
💡 Solution & Explanation
Article 368 empowers Parliament to amend any provision of the Constitution, including Fundamental Rights, through a special majority, rendering simple majority amendments insufficient for Part III. The landmark Kesavananda Bharati judgment established that amendments violating the basic structure are unconstitutional and void. Fundamental Rights cannot be curtailed arbitrarily because they form an essential pillar of constitutional democracy. Article 13 explicitly prohibits the state from making laws that take away or abridge rights conferred by Part III.
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