Question

Explain the following:

Parliament’s power to amend Fundamental Rights.

Answer 1

The Indian Parliament has the authority to amend the Fundamental Rights under Article 368 of the Constitution. However, this power is not unlimited. The Supreme Court, in the landmark Kesavananda Bharati case (1973), ruled that while Parliament can amend any part of the Constitution, including Fundamental Rights, it cannot alter the “basic structure” of the Constitution. This means that any amendment must not destroy or damage the core principles, such as the rule of law, separation of powers, and fundamental freedoms. Therefore, Parliament can modify or adjust Fundamental Rights through constitutional amendments, but it cannot take away their essence or violate the spirit of democracy and justice embedded in the Constitution.