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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 Supreme Court's decision in Golaknath v. State of Punjab interpreted that Constitutional amendments were constrained by Article 13's protection of Fundamental Rights
Initiation of the amendment of Article 368
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
Recalibration of the equilibrium between Directive Principles of State Policy and 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
The Constitution (Twenty-fourth Amendment) Bill, 1971, was passed by both the Lok Sabha and the Rajya Sabha and ratified by President V.V. Giri, immediately coming into effect
The enactment of the 24th Amendment was met with a mixed response, with concerns raised about the potential for abuse of the enhanced powers granted to Parliament
Potential compromise of the foundational principles of the Constitution and democratic governance
Critics argued that the amendment could compromise the foundational principles of the Constitution and democratic governance
Threat to the sanctity of Fundamental Rights
Critics also raised concerns about the potential for the amendment to threaten the sanctity of Fundamental Rights
In the landmark Kesavananda Bharati v. State of Kerala case of 1973, the Supreme Court upheld the constitutionality of the 24th Amendment and introduced the "basic structure doctrine" as a safeguard against potential excesses
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
Development of the basic structure doctrine
The legacy of the 24th Amendment is closely linked to the development of the basic structure doctrine, which asserts that the Constitution's fundamental framework cannot be altered by any amendment
Continuing discourse on the balance of power among branches of government
The legacy of the 24th Amendment also includes the continuing discourse on the delicate balance of power among the legislative, executive, and judicial branches of the Indian government
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Impact of Golaknath case on 24th Amendment
Golaknath case led to 24th Amendment, restricting Parliament's power to amend Fundamental Rights.
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Article 368 changes in 24th Amendment
24th Amendment clarified Parliament's power to amend any part of the Constitution under Article 368.
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Presidential role in Constitutional Amendments post-24th Amendment
Post-24th Amendment, President must assent to Constitutional Amendments, eliminating any veto possibility.
