Previous Year Question

Under Article 368(1) of the Indian Constitution, Parliament may exercise its Constituent Power to amend any provision of the Constitution by way of addition, variation or repeal. Therefore, the constitutional power to amend the Fundamental Rights contained in Part III also rests with Parliament.

The 24th Constitutional Amendment Act, 1971 further clarified this position. It expressly recognised the Constituent Power of Parliament under Article 368 and inserted Article 13(4), according to which Article 13 does not apply to a Constitutional Amendment made under Article 368.

However, Parliament's amending power is not unlimited. Following the Kesavananda Bharati case (1973), Parliament may amend provisions of the Constitution, including Fundamental Rights, but such an amendment cannot destroy or alter the Basic Structure of the Constitution.

A Constitution Amendment Bill must be passed separately in each House of Parliament by a majority of the total membership of that House and by not less than a two-thirds majority of the members present and voting. Thus, neither the Lok Sabha nor the Rajya Sabha acting alone can amend Fundamental Rights; the Supreme Court performs Judicial Review of Constitutional Amendments rather than amending the Constitution itself.