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[Cites 0, Cited by 2] [Article 368] [Constitution]

Constitution Subarticle

Article 368(5) in Constitution of India

(5)For the removal of doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article.[Editorial comment-The Constitution (Twenty-Four Amendment) Act, 1971, the judgment 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. It 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. The government has argued that the 24th Amendment will help to implement the Directive Principles of State Policy. However, a large section of constitutional experts would believe that the undisputed authority of Parliament is a threat to the democratic process in the country. In the Indian Constitution, the balance of legislative power is vital, and the power of amendment conferred to parliament to alter such regulations is often considered an important one. Important Verdict-Kesavananda Bharati v. State of Kerala I.C. Golaknath and Ors. vs State of Punjab and Anrs.. However, the Supreme Court has ruled that the 24th Amendment Act is Constitutional. The ruling has several important implications. While it confirms that the 24th Amendment Act is valid, it establishes some significant constituent features like Judicial review and basic features of the Constitution. Also refer]