Timeline Of Article 368 of Indian Constitution

By Harshal Morwale

  • Shankari Prasad Vs. Union Of India

    It challenged 31-A and 31-B in 1st Amendment saying it takes away or abridges rights in Part III .
    Supreme Court Held That Power toAmend Constitution Including Fundamental Rights lies in Article 368.
    Therefore constitutional amendment will be valid even if it abridges fundamental rights.

  • Sajjan Singh Vs. State Of Rajasthan

    It challenged 17th Amendment.
    But Supreme Court Aprroves Shaakri Prasad's case Judgment and CJ Gajendragadkar Says- If the Constitution-makers intended to exclude the fundamental rights from the scope of the amending power they would have made a clear provision in that behalf.

  • Golaknath Vs. State Of Punjab

    It challenged the validity of 17th Amendment.
    It overruled Shakari Prasad and Sajjan Singh Cases.
    SC held that Parliament has no power to amend Part III so to take away or abdrige Fundamental Rights.
    Word "Law" In Art.13(2) Includes every law .statutory as well as constitutional law. Hence Any amendment which contravened with that article will be void.

  • 24th Amendment Of Indian Constitution

    1) New clausein Art. 13 Added (4) - Nothing in the article shall apply to any amendment of this article 368.
    2) New marginal heading to Art. 368 - "Power Of Parliament to Amend Constitution And Procedure Therefore"
    3) New Sub-Section (1) in 368- Parliament may amend by addtion , variation or repeal any provision of this constitution in accordance with procedure given in this article.
    4) Added Clause (3)to Art. 368 - Nothing in art. 13 shall apply to any amendment made under this article.

  • Kesavananda Bharti's Case

    Question- What is the extent of amending power conferred by Art. 368?
    Six Judges - There is inherent or implied limitation on amending power of parliament. Art. 368 does not power to destroy basic structure.
    Khanna J.- No limitation but power to ammend is not power to abrgate constitution. Old constitution must survive without loss of identity. Power does not include to destroy basic structure.
    Remaining 6 Judges held - There is no limtiation upon amending power.

  • 42nd Amendment OfIndian Constitution

    Added 2 clauses (4) & (5) to Art. 368
    Clause (4) - No constitutional amendment made under 368 shall be called in question in any court on any ground.
    Clause (5) - For removal of doubts, there shall be no limitation on constituent power of parliament to amend by way of addtion , variation or repeal provision of constiution under this article.

  • Minvera Mills Vs. Union Of India

    Struck down clauses (4) and (5) of Art. 368. on grounds that it destroyed basic structure of constitution. Limited amending power is basic structutre of constitution.