Does Article 368 affect Fundamental Rights?
Asked by: Prof. Stewart Wisoky | Last update: February 1, 2026Score: 4.5/5 (48 votes)
Yes, Article 368 grants Parliament the power to amend Fundamental Rights, but this power is limited by the "Basic Structure Doctrine," established in the Kesavananda Bharati case, meaning Parliament cannot alter the core, essential features (basic structure) of the Constitution, which includes fundamental aspects of fundamental rights. Parliament has used Article 368 to amend fundamental rights, but courts can strike down amendments that destroy this basic structure, balancing amending power with constitutional integrity.
Can fundamental rights be amended under Article 368?
The present position is that the Parliament under Article 368 can amend any part of the Constitution including the Fundamental Rights but without affecting the 'basic structure' of the Constitution.
How does Article 368 relate to the Constitution?
The Indian Constitution is a living document that breathes life into the rights of its citizens while maintaining institutional equilibrium. Among its most critical provisions is Article 368, which grants Parliament the power to amend the Constitution.
Can Article 368 amend all parts?
Hence Parliament was invested with the power to amend the Constitution. Article 368 of the Constitution gives the impression that Parliament's amending powers are absolute and encompass all parts of the document.
How does the 24th amendment affect rights?
Constitutional Amendments – Amendment 24 – “Elimination of Poll Taxes” Amendment Twenty-four to the Constitution was ratified on January 23, 1964. It abolished and forbids the federal and state governments from imposing taxes on voters during federal elections.
Is it Possible to Amend Fundamental Rights? | Article 13 v. 368 with Case Laws | By Abhinav Goswami
What became illegal as a result of the 24th amendment?
The 24th Amendment, ratified in 1964, abolished the use of the poll tax (or any other tax) as a pre-condition for voting in federal elections, but made no mention of poll taxes in state elections.
What is the Article 24 of the Constitution?
Article 24, Constitution of India 1950
No child below the age of fourteen years shall be employed to work in any factory or mine or engaged in any other hazardous employment.
What is outside the scope of Article 368?
✓ A number of provisions in the Constitution can be amended by a simple majority of the two houses of Parliament outside the scope of Article 368. These provisions include: ✓ Admission or establishment of new states. ✓ Formation of new states and alteration of areas, boundaries or names of existing states.
Can an ordinance abridge a fundamental right?
An ordinance can be issued only on those subjects on which the Parliament can make laws. An ordinance is subject to the same constitutional limitations as an Act of Parliament. Hence, an ordinance cannot abridge or take away any of the fundamental rights.
Is there a part of the Constitution that cannot be amended?
But see Linder, supra note 15, at 733 ( Article five itself cannot be amended so as to create any new limitations on the amending power. ).
What is Article 368 in simple words?
Part-xx Article 368 (1) of the Constitution of India grants constituent power to make formal amendments and empowers Parliament to amend the Constitution by way of addition, variation or repeal of any provision according to the procedure laid down therein, which is different from the procedure for ordinary legislation.
Can the Supreme Court repeal an amendment?
On 1 January 2024, the Supreme Court ruled 12-3 that it may reject amendments to Basic Laws in "extreme" circumstances. That specific amendment was struck down by an 8–7 vote. In the decision, the justices noted that the judicial overhaul would jeopardise the basic characteristic of Israel as a democratic country.
Can we amend a preamble under Article 368?
The Court held that: The Preamble of the Constitution will now be considered as part of the Constitution. It held that the Preamble could be amended under Article 368, subject to the condition that no amendment is done to the 'basic structure' of the Constitution.
Which article of the Indian Constitution cannot be amended?
Article 21 of the Constitution of India cannot be amended with a simple majority. Article 21 guarantees the protection of life and personal liberty, stating that no person shall be deprived of his life or personal liberty except according to the procedure established by law.
Is it legal to change the Constitution?
Congress may submit a proposed constitutional amendment to the states, if the proposed amendment language is approved by a two-thirds vote of both houses. Congress must call a convention for proposing amendments upon application of the legislatures of two-thirds of the states (i.e., 34 of 50 states).
In which case did SC hold that fundamental rights cannot be waived?
Golaknath v. State Of Punjab (1967 AIR 1643, 1967 SCR (2) 762), or simply the Golaknath case, was a 1967 Indian Supreme Court case, in which the Court ruled that Parliament could not curtail any of the Fundamental Rights in the Constitution. I.C. Golaknath and Ors.
Can local laws override the Constitution?
The core message of the Supremacy Clause is simple: the Constitution and federal laws (of the types listed in the first part of the Clause) take priority over any conflicting rules of state law.
Which rights do citizens have that cannot be abridged?
No state shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any state deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.
Can executive orders supersede the Constitution?
No, an executive order cannot override the Constitution; it must be grounded in existing constitutional authority or a statute passed by Congress, and any order that violates constitutional rights (like free speech or equal protection) or usurps legislative power is unlawful and can be struck down by the courts. While EOs direct federal agencies and can have significant immediate impacts, they are not permanent laws, can be reversed by future presidents, and are subject to judicial review, acting as a crucial check on presidential power, say legal experts at the American Constitution Society.
Can the fundamental rights be amended?
The Supreme Court has ruled that all provisions of the Constitution, including fundamental rights, can be amended, but that Parliament cannot alter the basic structure of the constitution.
Which amendment was the hardest to ratify?
The first 10 , known as the Bill of Rights, were fully ratified in 1791. The congressional pay provision, however, was only ratified at the time by six states. Because there was no time limit on ratification, what eventually became the 27th Amendment lay dormant for nearly two centuries.
Which majority is required to amend Article 368?
A special majority requires a higher threshold, such as two-thirds of the members present and voting, or in some cases, two-thirds of the total membership of the house. It is typically required for constitutional amendment bills under Article 368.
Who can invoke the 24th Amendment?
Section 2. The Congress shall have power to enforce this article by appropriate legislation.
What is article 23 for?
Article 23 prohibits trafficking in human beings, including trafficking for the purpose of forced labor, slavery, or exploitation. It recognizes the inherent dignity and rights of individuals, ensuring protection against such practices.
What is article 24 of Human Rights?
Article 24: Right to Rest and Leisure
Article 24: Everyone has the right to rest and leisure, including reasonable limitation of working hours and periodic holidays with pay. Even in the 19th century, there was recognition that working excessive hours posed a danger to workers' health and to their families.