| The Constitution of India (Twenty-fourth Amendment) Act, 1971 | |
|---|---|
| Parliament of India | |
| |
| Citation | 24th Amendment |
| Territorial extent | India |
| Passed by | Lok Sabha |
| Passed | 4 August 1971 |
| Passed by | Rajya Sabha |
| Passed | 11 August 1971 |
| Assented to | 5 November 1971 |
| Commenced | 5 November 1971 |
| Legislative history | |
| First chamber: Lok Sabha | |
| Bill title | Constitution (Twenty-fourth Amendment) Bill, 1971 |
| Introduced by | H.R. Gokhale |
| Introduced | 28 July 1971 |
| Summary | |
| Enables Parliament to dilute Fundamental Rights through Amendments of the Constitution, and empowers it to amend any provision of the Constitution. Also makes it obligatory for the President to give his assent, when a Constitution Amendment Bill is presented to him. | |
| Status: In force | |
The Twenty-fourth Amendment of the Constitution of India, officially known as The Constitution (Twenty-fourth Amendment) Act, 1971, enables Parliament to dilute Fundamental Rights through Amendments of the Constitution. It also amended article 368 to provide expressly that Parliament has power to amend any provision of the Constitution. The amendment further made it obligatory for the President to give his assent, when a Constitution Amendment Bill was presented to him.[1]
The 24th Amendment was enacted, by the Congress government headed by Indira Gandhi, to abrogate the Supreme Court ruling in Golaknath v. State of Punjab. The judgement reversed the Supreme Court's earlier decision which had upheld Parliament's power to amend all parts of the Constitution, including Part III related to Fundamental Rights. The judgement left Parliament with no power to curtail Fundamental Rights. To abrogate the ruling, the government intended to amend article 368 to provide expressly that Parliament has power to amend any provision of the Constitution, thereby bringing Fundamental Rights within the scope of its amending procedure, and preventing review of those changes by the courts.
The 24th Amendment came into force on 5 November 1971. The Indian press criticised the 24th Amendment as being too sweeping in its ambit, and of dubious legality. The Amendment was also opposed by jurists, and all the surviving members of the Constituent Assembly at the time. The Supreme Court upheld the validity of the 24th Amendment in Kesavananda Bharati v. State of Kerala in 1973.