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    Question

    An amendment to the constitution is__________

    A Kept out of the purview of Art. 13. Correct Answer Incorrect Answer
    B Void if it amends Part III of the constitution. Correct Answer Incorrect Answer
    C Void if it amends Part IV of the constitution. Correct Answer Incorrect Answer
    D Tested on the basis of Art.13 of the constitution. Correct Answer Incorrect Answer

    Solution

    As per Art. 13 (4) Nothing in this article shall apply to any amendment of this Constitution made under article 368. Clause (4) was added to the constitution by 24th Amendment of the Constitution. This Amendment was challenged in the case of Keshavananda Bharati v. State of Kerala (1973). In this case, the court overruled Golaknath’s case  to this extent and upheld the validity of 24th Constitutional Amendment. Therefore, the present position is that the word ‘law’ does not include a constitutional amendment. Article 13(2) does not put any kind of restriction on the Parliament’s power to amend the Fundamental Rights under Article 368. But Parliament cannot amend or alter the basic structure of the Constitution.

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