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The power of Parliament to amend the Constitution of India is a constitutive power established in the:
Question

The power of Parliament to amend the Constitution of India is a constitutive power established in the:

A.

Twenty-Fourth Amendment Act

B.

Forty-Fourth Amendment Act

C.

Forty-Second Amendment Act

D.

Twenty-Sixth Amendment Act

Correct option is A

The correct answer is (a): Twenty-Fourth Amendment Act.

  • The Twenty-Fourth Amendment Act (1971) of the Indian Constitution clarified and reaffirmed the Parliament's power to amend the Constitution, including the Fundamental Rights.
  • This amendment was passed in response to the Supreme Court's decision in the Golaknath case (1967), where it was held that Parliament could not amend Fundamental Rights.
Key Provisions of the 24th Amendment:
  • Article 368: It explicitly stated that Parliament has the power to amend any part of the Constitution, including Fundamental Rights.
  • Article 13: It clarified that a constitutional amendment passed under Article 368 cannot be challenged as violative of Fundamental Rights.
  • This amendment was later upheld by the Supreme Court in the Kesavananda Bharati case (1973), which introduced the doctrine of the basic structure of the Constitution, limiting Parliament's power to amend the Constitution.
  • Forty-Fourth Amendment Act: This amendment was passed in 1978 and focused on restoring the Constitution to its original state after the Emergency, particularly regarding Fundamental Rights and property rights.
  • Forty-Second Amendment Act: Known as the "Mini-Constitution," it made sweeping changes in 1976 but did not establish Parliament's power to amend the Constitution.
  • Twenty-Sixth Amendment Act: This amendment abolished the titles and privileges of former rulers (Maharajas).

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