0Hello 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
