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CONSTITUTION OF INDIA

Jayashree M.
09/02/2019 0 0

Hello students, Constitutional Law is the foundation of other laws. It's not a difficult subject if you choose the correct method of study. Today we will see the provisions of amendment under Art. 368

We should go through the case laws which r very important.

Shankari Prasad v. Union of India

In this case, there was a dispute between 2 articles i. e. amendment under Art.13 and Art. 368

Whether Fundamental Rights can be amended while making modifications under Art. 368

The Court held that Parliament could change fundamental rights under Art. 368

Court has no power to interfere in it, because it is not law according to Art. 13.

Golakhnath V. State of Punjab

In this case, the Court held that Parliament could not take away or amend any of the Fundamental Rights.

Keshavanand Bharti case

In this case, it was held that Fundamental Rights could be amended but not the basic structure of the constitution.

The basic structure of Indian constitution Includes

Rule of Law

Judicial Review

Independence of Judiciary

Art. 32 and Art 226 (writ jurisdiction of Supreme Court and High Court)

Separation of Powers

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