📜 24th Constitutional Amendment Act, 1971 – Restoring Parliament’s Power
📌 Introduction
The 24th Amendment Act of 1971 was a significant turning point in Indian constitutional history. Passed by Indira Gandhi’s government, this amendment overturned the Supreme Court’s ruling in the Golaknath Case (1967) and restored Parliament’s power to amend Fundamental Rights.
This amendment played a crucial role in the conflict between parliamentary supremacy and judicial review, eventually leading to the Kesavananda Bharati Case (1973) and the Basic Structure Doctrine.
📜 Background – Golaknath Case (1967)
🔹 In the Golaknath Case (1967), the Supreme Court ruled that Parliament could not amend Fundamental Rights under Article 368.
🔹 This decision restricted Parliament’s ability to bring constitutional reforms, especially related to land reforms and property rights.
🔹 To nullify this judgment, Indira Gandhi’s government introduced the 24th Amendment in 1971.
📌 Key Issue:
"Can Parliament amend Fundamental Rights?"
🔍 Provisions of the 24th Amendment (1971)
| Provision | Amendment Introduced |
|---|---|
| Article 368 (Title Changed) | "Procedure for Amendment of the Constitution" changed to "Power of Parliament to Amend the Constitution" to assert Parliament’s authority. |
| Article 368 (New Clause 1) | Explicitly stated that Parliament has the power to amend any part of the Constitution, including Fundamental Rights. |
| Article 368 (New Clause 3) | Made it clear that constitutional amendments cannot be challenged under Article 13. |
| Article 13 (New Clause 4) | Stated that an amendment under Article 368 will not be considered "law" under Article 13, ensuring that Fundamental Rights can be amended. |
| Article 368 (President’s Role) | Made it mandatory for the President to give assent to constitutional amendment bills. |
📌 Key Change:
Before this amendment, constitutional amendments could be challenged under Article 13 as violating Fundamental Rights. After the 24th Amendment, such challenges were no longer possible.
⚖ Objective & Purpose of the Amendment
✔ Restored Parliament’s Power to amend Fundamental Rights.
✔ Strengthened the authority of the legislature in constitutional matters.
✔ Ensured smooth implementation of land reforms by removing legal hurdles.
✔ Prevented judicial interference in constitutional amendments.
📌 Why Was It Necessary?
The Golaknath Case created a constitutional deadlock, as Parliament was unable to introduce reforms affecting Fundamental Rights. The 24th Amendment broke this deadlock by restoring Parliament’s power.
🏛 Impact of the 24th Amendment
| Impact | Explanation |
|---|---|
| ✅ Strengthened Parliamentary Supremacy | Allowed Parliament to amend Fundamental Rights without judicial restriction. |
| 🚫 Weakened Judicial Review | Prevented the Supreme Court from striking down constitutional amendments based on Article 13. |
| 📜 Led to the Kesavananda Bharati Case (1973) | Challenged the amendment, resulting in the Basic Structure Doctrine. |
| 🏡 Boosted Land Reform Laws | Allowed states to implement land redistribution without legal hurdles. |
📌 The 24th Amendment was a victory for Parliament, but it also raised concerns about the possibility of authoritarian rule, as it removed judicial safeguards over Fundamental Rights.
⚖ Kesavananda Bharati Case (1973) – The Aftermath
While the 24th Amendment restored Parliament’s power, it was challenged in the Kesavananda Bharati Case (1973).
Kesavananda Bharati Case Verdict:
✔ Parliament CAN amend Fundamental Rights, but…
🚫 It CANNOT alter the Basic Structure of the Constitution.
This case introduced the Basic Structure Doctrine, limiting Parliament’s power and partially overturning the 24th Amendment.
📌 Key Takeaway:
The 24th Amendment gave power to Parliament, but the Kesavananda Bharati case ensured that this power was not absolute.
🌟 Criticism of the 24th Amendment
❌ Weakened Judicial Protection – Made Fundamental Rights vulnerable to political amendments.
❌ Encouraged Authoritarianism – Increased fears of misuse by ruling governments.
❌ Contradicted the Spirit of Democracy – Restricted the judiciary's role in safeguarding Fundamental Rights.
Despite these criticisms, the 24th Amendment remains a crucial moment in India’s constitutional evolution, shaping the balance between legislative power and judicial review.
🔍 Conclusion
The 24th Amendment (1971) was a landmark constitutional amendment that restored Parliament’s power to amend Fundamental Rights. However, it also triggered a judicial backlash, leading to the Kesavananda Bharati ruling and the Basic Structure Doctrine.
💡 Key Takeaways:
✔ Reversed the Golaknath Judgment (1967).
✔ Allowed Parliament to amend Fundamental Rights.
✔ Led to the Kesavananda Bharati Case (1973).
✔ Defined the ongoing battle between Parliament and Judiciary over constitutional amendments.
📜 “The Constitution is a living document, constantly evolving to meet the needs of the people.” – Dr. B.R. Ambedkar
❓ FAQs on the 24th Amendment Act
🔹 Q1: What was the main purpose of the 24th Amendment?
✅ To restore Parliament’s power to amend Fundamental Rights, which was restricted by the Golaknath Case.
🔹 Q2: What change did it make to Article 368?
✅ It explicitly stated that Parliament has the power to amend any part of the Constitution, including Fundamental Rights.
🔹 Q3: How did the Supreme Court respond to this amendment?
✅ In the Kesavananda Bharati Case (1973), the Court ruled that Parliament can amend the Constitution, but cannot alter its Basic Structure.
🔹 Q4: Why was Article 13 amended?
✅ To ensure that constitutional amendments could not be challenged as violating Fundamental Rights.
🔹 Q5: Did the 24th Amendment increase or decrease Parliament’s power?
✅ It increased Parliament’s power but was later limited by the Basic Structure Doctrine.
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