Question

Which of the following statements is/are true with respect to Constitutional Amendments?

• A. Constitutional Amendments are made by virtue of constituent power
• B. Constitutional Amendments are made by virtue of power under Art. 368 of the Constitution
• C. Constitutional Amendments are not law under Art. 13 of the Constitution
• D. All the above

Answer 1

Answer:

D. All the above

• Constituent Power & Article 368: Article 368 of the Constitution grants Parliament the constituent power to amend the Constitution by way of addition, variation, or repeal of any provision in accordance with the procedure laid down therein. This power is distinct from ordinary legislative power.

• Article 13 vs Article 368: By virtue of the 24th Constitutional Amendment Act, 1971, clause (4) was inserted into Article 13 and clause (3) into Article 368. These provisions clarify that nothing in Article 13 (which renders laws inconsistent with fundamental rights void) applies to any amendment made under Article 368. This position was upheld by the Supreme Court in the landmark Kesavananda Bharati case (1973), subject to the condition that an amendment cannot violate the Basic Structure of the Constitution.