--- title: "Can the Court amend an Act?" description: "Can the Court amend an Act?" author: "Lily Chitlangiya" published: 2021-12-06 canonical: https://answers.mindstick.com/qa/94251/can-the-court-amend-an-act category: "law & legal issues" tags: ["laws", "laws and legal issues"] reading_time: 2 minutes --- # Can the Court amend an Act? Can the Court amend an Act? \ ## Answers ### Answer by Sanjay Goenka The **court has the power to declare any act void on the basis of the violation of any fundamental rights of a person.** \ ![Can the Court amend an Act?](https://answers.mindstick.com/questionanswer/64841ad5-20d2-4866-8cb3-098d898efd79/images/193573a5-6c16-43e2-b376-64f77efeda78.jpeg)\ \ **The basic structure of the constitution** In the case of **[Keshvanand Bharti V state of Kerala](https://en.wikipedia.org/wiki/Kesavananda_Bharati_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 - \ **Article 368 of the Indian constitution** **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](https://answers.mindstick.com/qa/62220/who-has-been-appointed-the-chairman-of-the-estimates-committee-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](https://answers.mindstick.com/qa/72350/how-many-presidents-elected-in-india).** 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.** \ --- Original Source: https://answers.mindstick.com/qa/94251/can-the-court-amend-an-act Copyright © MindStick Software Pvt. Ltd. This Markdown version is provided for developers, AI systems, and offline reading.