The basic structure of the constitution
In the case of Keshvanand Bharti V state of Kerala, (1973) the
Supreme Court of India declared the judgment and said that the Parliament has the power to amend the constitution for Socio- Public relations and for the Public related interest in any part of the Constitution except the
Basic Structure of the Constitution. And in the case of Golaknath V state of Punjab, the Supreme Court restricted the
amendment power of the Parliament to amend the constitution with the result of that, the
Fundamental Rights are violated of any person. In the Indian constitution, the amendment power is given in -
Section 1 of the article states that the Parliament can amend the constitution anything under the
Ruling of the constituent power. He may add or repeal or cut any provision of the constitution and make it new.
Section 2 of the above article tells about the process of the amendment
and tells that the bill may be introduced in either house of the
Parliament and after passing by the voting of the total and present candidate of the Parliament, it will be finally
signed by the
president. Here some of the articles and provisions are given under which the Parliament can amend the constitution.
Article 54, 55, 162, 73, 241 or
Chapter 4 of part 5, chapter 5 of part 6, chapter 1 of part 11
Any of the lists in the seventh schedule
Also,
the section has been added which states that nothing in article 13 shall apply to any of the amendments by this article. And section 4 tells that no amendments in this constitution are made or purporting to have been made under this article, whether before or after the commencement of section 55 of the constitutional act 1976 shall be called before an court of the or any ground.
Section 5 of the article also tells the limitations of the article and on the grounds on which it can be challenged.
