24th Constitutional Amendment Act, Background, Provisions, Case Laws

The 24th Constitutional Amendment Act was passed in 1971 to clarify and strengthen the power of Parliament to amend the Constitution of India. The amendment made it clear that Parliament has the authority to amend any part of the Constitution according to the procedure laid down in the Constitution.

24th Constitutional Amendment Act Background

• The need for this amendment arose after the Supreme Court’s judgment in Golaknath v. State of Punjab. In this case, the Court ruled that Parliament did not have the power to amend the Fundamental Rights of the Constitution of India. According to the judgment, any law that tried to limit or remove Fundamental Rights would be considered invalid.
• This decision created difficulties for the government because many social and economic reforms required constitutional amendments. Therefore, it became necessary to clearly state that Parliament had the authority to amend the Constitution, including Fundamental Rights.

24th Constitutional Amendment Act Key Provisions

• The amendment clarified that Parliament has the power to amend any provision of the Constitution.
• It amended Article 13 of the Constitution of India by stating that constitutional amendments made under Article 368 will not be considered ordinary laws.
• It amended Article 368 of the Constitution of India to clearly describe the power of Parliament to amend the Constitution and the procedure for doing so.
• It made it mandatory for the President of India to give assent to a constitutional amendment bill once it is passed by both Houses of Parliament.

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24th Constitutional Amendment Act Case Laws

The 24th Constitutional Amendment Act was passed to overcome the effect of the Golaknath v. State of Punjab judgment and to clearly state that Parliament has the power to amend any part of the Constitution of India, including the Fundamental Rights of the Constitution of India.

Several important Supreme Court cases later discussed and clarified the scope of this amendment.

• Golaknath v. State of Punjab (1967): The Supreme Court ruled that Parliament cannot amend or limit the Fundamental Rights. This decision created difficulties for the government in carrying out reforms and led to the passing of the 24th Constitutional Amendment.
• Kesavananda Bharati v. State of Kerala (1973): The Supreme Court upheld the validity of the 24th Constitutional Amendment. It stated that Parliament can amend any part of the Constitution, including Fundamental Rights. However, the Court also introduced the Basic Structure Doctrine, which means Parliament cannot change the basic structure of the Constitution.
• Minerva Mills Ltd. v. Union of India (1980): The Supreme Court further strengthened the Basic Structure Doctrine and stated that Parliament’s power to amend the Constitution is not unlimited.
• I.R. Coelho v. State of Tamil Nadu (2007): The Court reaffirmed that any constitutional amendment must not violate the basic structure of the Constitution, even if it is passed under the amending power of Parliament.

24th Constitutional Amendment Act Significance

The 24th Constitutional Amendment Act was important because it strengthened Parliament’s power to amend the Constitution and removed the confusion created by earlier court decisions. It also ensured that constitutional amendments could be made to support social and economic reforms while following the procedure laid down in the Constitution.