Revisiting Amendability of Fundamental Rights

  • Vishwajeet Kiran Deshmukh
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  • Vishwajeet Kiran Deshmukh

    Student at ILS Law College, Pune, India

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This article delves into intricate question of amending fundamental rights within Constitution of India, pressing its historical development and judicial precedents. Despite being one of the lengthiest constitutions, it incorporates mechanism for amendment. There is Constitutional tassel between article 13(2) and Article 368, examining key precedents such as Shankari Prasad, Sajjan Singh, and Golak Nath. The Keshavanand Bharati case solidified the doctrine of basics structure, establishing that while Parliament possesses the power to amend, it cannot alter the fundamental essence of the Constitution. The journey of amenability unfolds against the backdrop of the sacredness of fundamental rights and the socio economic needs of society. The doctrine of basic structure, though a legal fiction, acts as a safeguard against arbitrary alterations to the fundamental principles of the constitution. This article offers a comprehensive exploration of the dynamic interplay between constitutional amendments and the preservation of the constitution's essence.




International Journal of Law Management and Humanities, Volume 7, Issue 1, Page 533 - 540


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