The Constitution of India (Twenty-fourth Amendment) Act, 1971
The Constitution (Twenty-fourth Amendment) Act, 1971, was a significant legislative change in India that empowered Parliament to amend any part of the Constitution, including Fundamental Rights. This was in response to the Supreme Court's Golaknath verdict, which limited Parliament's amendment powers. The amendment led to the introduction of the basic structure doctrine by the Supreme Court in the Kesavananda Bharati case, ensuring the Constitution's core principles remain inviolable.
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The Constitution of India (Twenty-fourth Amendment) Act, 1971
The Constitution (Twenty-fourth Amendment) Act, 1971, is a pivotal piece of legislation in the history of Indian democracy that reinforced the Parliament's power to amend the Constitution, including its provisions on Fundamental Rights. This amendment was enacted as a countermeasure to the Supreme Court's verdict in the Golaknath v. State of Punjab case, which had declared that Parliament lacked the authority to amend Fundamental Rights. The 24th Amendment modified Article 368 to categorically affirm that Parliament possessed the power to amend any section of the Constitution. It also introduced a requirement for the President to grant assent to Constitutional Amendment Bills, thereby removing any presidential veto in this context.Background and Rationale for the 24th Amendment
The impetus for the 24th Amendment stemmed from the Supreme Court's decision in Golaknath v. State of Punjab, which interpreted that Constitutional amendments were constrained by Article 13's protection of Fundamental Rights, thus stripping the Parliament of its ability to modify these rights. In response, the government led by Prime Minister Indira Gandhi initiated the amendment of Article 368 to reassert Parliament's sovereignty in amending the Constitution, including the Fundamental Rights. The amendment sought to recalibrate the equilibrium between the Directive Principles of State Policy and Fundamental Rights, enabling the government to prioritize the implementation of socio-economic reforms as outlined by the Directive Principles when necessary.Legislative Process and Enactment of the 24th Amendment
The legislative journey of the 24th Amendment commenced with the tabling of the Constitution (Twenty-fourth Amendment) Bill, 1971, in the Lok Sabha by the then Law and Justice Minister, H.R. Gokhale. The Bill proposed revisions to Articles 13 and 368 to unambiguously establish Parliament's authority to amend the Constitution. Following deliberations in both the Lok Sabha and the Rajya Sabha, the Bill was passed by the former on August 4, 1971, and by the latter on August 11, 1971. President V.V. Giri ratified the amendment on November 5, 1971, which then immediately came into effect. The amendment was also endorsed by more than half of the State Legislatures, fulfilling the requirement set by Article 368 for certain types of amendments.Public and Judicial Reception of the 24th Amendment
The enactment of the 24th Amendment was met with a mixed response. Concerns were raised by the media, legal commentators, and opposition politicians about the potential for abuse of the enhanced powers granted to Parliament, which could threaten the sanctity of Fundamental Rights. Critics argued that the amendment could compromise the foundational principles of the Constitution and democratic governance. Nevertheless, the Supreme Court, in the landmark Kesavananda Bharati v. State of Kerala case of 1973, upheld the constitutionality of the 24th Amendment. In doing so, the Court introduced the "basic structure doctrine," asserting that the Constitution's fundamental framework could not be altered by any amendment, thus providing a safeguard against potential excesses.Aftermath and Implications of the 24th Amendment
The 24th Amendment set a precedent for a series of constitutional amendments that sought to expand the powers of the executive and the ruling party, while also attempting to limit judicial oversight. It paved the way for the 42nd Amendment, passed during the Emergency in 1976, which enacted profound changes to the Constitution. The legacy of the 24th Amendment is closely linked to the development of the basic structure doctrine and the continuing discourse on the delicate balance of power among the legislative, executive, and judicial branches of the Indian government.Want to create maps from your material?
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Impact of Golaknath case on 24th Amendment
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Article 368 changes in 24th Amendment
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Presidential role in Constitutional Amendments post-24th Amendment
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To reestablish Parliament's authority to amend the Constitution, including ______, Prime Minister ______ Gandhi spearheaded the amendment of ______.
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The amendment aimed to balance the ______ and Fundamental Rights, allowing the government to focus on ______ reforms as needed.
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Initiator of 24th Amendment Bill, 1971
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Objective of 24th Amendment
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Final Ratification of 24th Amendment
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The ______ Amendment's introduction received a varied reaction, with some expressing concern over the potential misuse of the expanded powers given to ______.
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24th Amendment significance
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42nd Amendment correlation
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Basic structure doctrine relation
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