Q. With reference to the 24th Constitutional Amendment Act, 1971, consider the following statements:
1.It was enacted in response to the Supreme Court’s judgment in the Golaknath case (1967).
2.It inserted Article 13(4) and Article 368(3) into the Constitution.
3.It curtailed the power of Parliament to amend the Fundamental Rights.
4.It made Article 13 applicable to constitutional amendments.
How many of the above statements is/are correct?
Quarterly-SFG-Jan-to-March
Red Book

[A] One only

[B] Two only

[C] Three only

[D] All Four

Answer: B
Notes:

Explanation:

  • The judgment in Golaknath v. State of Punjab (1967) held that Parliament could not amend Fundamental Rights.
  • This prompted the Parliament to pass the 24th Amendment to restore its amending power.
  • It inserted Article 13(4) and Article 368(3) into the Constitution.”
  • Both these provisions were added by the 24th Amendment.
  • Their purpose was to exclude constitutional amendments from the scope of judicial review under Article 13, which says laws violating Fundamental Rights are void.
  • The 24th Amendment enhanced or restored Parliament’s power to amend Fundamental Rights. It reversed the Golaknath verdict which had curtailed this power.
  • By inserting Article 13(4) and 368(3), it made Article 13 inapplicable to constitutional amendments.

Source: Laxmikant


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