The power of the Parliament to amend the Constitution under Article 368 also includes the power to amend Fundamental Rights. Amendments to Fundamental Rights have played a crucial role in shaping the nation's legal and social framework. The First Amendment Act of 1951 introduced restrictions on freedom of speech and expression and added the Ninth Schedule to protect certain laws from judicial scrutiny. This article explains the Amendments of Fundamental Rights which is an important part of UPSC Indian Polity Syllabus.

Fundamental Rights in India (Article 12-35)

• Fundamental right is a basic human right which is essential and natural to the development of human beings.
• The Bill of Rights in the United States has influenced India's establishment of fundamental rights.
• These rights are included in the Constitution because they are considered necessary for the development of each individual's personality and the preservation of human dignity.
• Part III of the Indian Constitution, popularly known as the Magna Carta of the Indian Constitution, contains Fundamental Rights.
• These rights are known as fundamental rights because they are justiciable, meaning that they can be enforced in court if and when they are violated.

List of Fundamental Rights

The following are the six fundamental rights of the Indian Constitution, as well as the constitutional articles that relate to them:

1. Right to Equality (Article 14-18)
2. Right to Freedom (Article 19-22)
3. Right against Exploitation (Article 23-24)
4. Right to Freedom of Religion (Article 25-28)
5. Cultural and Educational Rights (Article 29-30)
6. Right to Constitutional Remedies (Article 32)

Amendability of Fundamental Rights

• In the case of Kesavananda Bharati (1974), the Supreme Court declared that, under the Constitution's "Doctrine of Basic Structure," Parliament may amend any part of the Constitution, including all fundamental rights.
• The Supreme Court has not publicly defined the Constitution's core structure, nor has it been stated in any comprehensive enumeration of its contents.
• However, the Supreme Court declared that only additions to the essential framework would be permissible, not removals.
• Any amendments to fundamental rights require a constitutional amendment that must be passed by both Houses of Parliament. To pass the modified measure, a special majority of Parliament is necessary.

Amendments to Fundamental Rights- A Timeline

First Amendment 1951

• The First Amendment to the Constitution was enacted in 1951 in order to overturn a succession of Supreme Court judgements and therefore protect the Zamindari Abolition Acts from judicial review.
• Provided for the preservation of legislation governing the purchase of estates, etc.
• The Ninth Schedule was added to insulate land reform and other measures listed in it from judicial scrutiny.
• Public order, good ties with foreign governments, and incitement to an offence were added as new grounds for restricting free speech and expression. Also, the limits were made reasonable, and hence justiciable.
• Provided, however, that state trading and nationalisation of any trade or company by the state are not illegal on the basis of infringement on the right to trade or business.

Fourth Amendment 1955

• The Fourth Amendment was designed to make the issue of fair compensation for estate acquisitions non-justiciable.
• The Supreme Court ruled in 1961 and 1963 that the Kerala and Madras Property Reform Acts, which set a limit on land holdings, were not in the public interest.

Seventeenth Amendment 1964

• The Seventeenth Amendment was enacted in 1964, and it required the inclusion of 44 legislation passed by both states in the Ninth Schedule in order for them to remain legal.
• A large number of writ petitions were filed before the Supreme Court disputing the legislature's ability to enact the Seventeenth Amendment.

Twenty-fourth Amendment 1971

• To overcome the difficulties generated by the Golak Nath case, the Constitution (Twenty-fourth Amendment) Act of 1971 was enacted.
• The amendment gave Parliament the power to limit or abolish any of the Fundamental Rights, including the right under Article 32 to take the matter to the Supreme Court for enforcement.
• Provided, however, that law enacted to embody Directive Principles cannot be found unlawful by courts for violating specific Fundamental Rights.
• The Parliament has been given the authority to pass law dealing with anti-national acts, and these laws take precedence over Fundamental Rights.

Thirty-fourth Amendment 1974

• The Thirty-fourth Amendment, enacted in 1974, exempted a slew of laws intended to modify the structure of agricultural land ownership and tenurial relationships from court review.

Thirty-ninth Amendment 1975

• The Thirty-ninth Amendment (1975) attempted to change the Constitution's Ninth Schedule in order to put 38 Central and State enactments within its scope, so safeguarding them from challenge in any court of law on the basis of a violation of any of the Fundamental Rights.

Forty-second Amendment 1976

• The Swaran Singh Committee Report was the main inspiration for the Forty-second Amendment Act of 1976.
• As a result, the scope of Article 31-C was expanded to include laws enacting all or any of the Directive Principles stated in Part IV of the Constitution, and no law could be challenged in court on the basis of a violation of any of the Fundamental Rights.
• Provided, however, that laws enacted to implement Directive Principles cannot be declared invalid by courts for violating some Fundamental Rights.
• The Parliament has been given the authority to pass laws dealing with anti-national activities, and these laws take precedence over Fundamental Rights.

Forty-fourth Amendment Act 1978

• The Constitution (Forty-fourth Amendment) Act of 1978 abolished the right to property as a Fundamental Right, and as a result, the subheading "Right to Property," which appeared after Article 30, and Article 31, which guaranteed to every person the right not to be deprived of his or her property except by law, was omitted. Property ownership is now a legal right.
• Also, during a national emergency, the fundamental rights provided by Articles 20 and 21 cannot be suspended.

Eighty Sixth Amendment Act, 2002

• The Constitution (Ninety-third Amendment) Act of 2001 established the Right to Education as a fundamental right, and all people aged 6 to 14 now have the right to receive free and compulsory education from the government. Article 32 of the Constitution allows for the enforcement of this right.
• Article 21A made primary education a fundamental right.
• The subject content of Directive Principles Article 45 has been changed.
• Article 51-A was amended to include a new basic responsibility.

Conclusion

Fundamental Rights established in the Indian Constitution act as a guarantee, implying that as long as they remain in the Indian Constitution, democracy will prevail and all Indian people may be certain of the preservation of their fundamental rights. Parliament has the authority to alter any component of the Indian Constitution, including Part III Fundamental Rights, but they cannot do so arbitrarily, and they have no authority to amend the Indian Constitution's Basic Structure. If any amendment invalidates the core structure of the Constitution, such amendment might be ruled null and void.

FAQs

MCQs

1. Which amendment abolished the right to property as a Fundamental Right?

A) First Amendment
B) Twenty-Fourth Amendment
C) Forty-Second Amendment
D) Forty-Fourth Amendment

2. The Basic Structure Doctrine was established by which case?

A) Golaknath case
B) Kesavananda Bharati case
C) Minerva Mills case
D) Shankari Prasad case

3. Which schedule was introduced by the First Amendment to shield certain laws from judicial review?

A) Eighth Schedule
B) Ninth Schedule
C) Tenth Schedule
D) Eleventh Schedule

4. What did the Twenty-Fifth Amendment primarily address?

A) Abolishment of the right to property
B) Judicial review of amendments
C) Limiting the right to property
D) Strengthening Parliament’s power to amend the Constitution

5. Which amendment is known as the “Mini-Constitution” for its extensive changes to the Indian Constitution?

A) Forty-Second Amendment
B) Forty-Fourth Amendment
C) First Amendment
D) Twenty-Fourth Amendment

GS Mains Questions and Model Answers

Q1: Examine the impact of the First Amendment (1951) on the right to freedom of speech and expression.

Answer: The First Amendment (1951) placed reasonable restrictions on the right to freedom of speech and expression (Article 19). This was done to prevent misuse of freedom of speech in ways that could undermine public order, morality, or national security. The amendment empowered the state to impose restrictions to curb hate speech, defamation, or incitement to violence. While it protected the state's interest, critics argue that it curtailed individual freedoms to some extent. The amendment struck a balance between protecting free speech and ensuring that it did not endanger the public or national security.

Q2: Analyze the significance of the Kesavananda Bharati case in shaping the constitutional framework of India.

Answer: The Kesavananda Bharati case (1973) is a landmark judgment that introduced the Basic Structure Doctrine. It marked a turning point in Indian constitutional history by asserting that while Parliament has the power to amend the Constitution, it cannot alter its basic structure, such as the principles of democracy, secularism, and judicial review. This doctrine protects the core values of the Constitution from excessive or arbitrary amendments. It also empowered the judiciary to act as a guardian of the Constitution, ensuring that amendments do not undermine its fundamental principles.

Q3: Discuss the impact of the Forty-Fourth Amendment (1978) on the Fundamental Rights and its implications for property rights.

Answer: The Forty-Fourth Amendment (1978) was significant in restoring certain rights curtailed during the Emergency. One of its key provisions was the removal of the right to property from the list of Fundamental Rights. Property rights were relegated to a legal right under Article 300A, allowing the state to acquire private property for public purposes with compensation, but not subject to the same level of judicial scrutiny as Fundamental Rights. This change reflected the need for economic reforms and land redistribution policies. However, it also signaled a shift in the balance between individual property rights and the state’s development goals.

Previous Year Questions on Constitutional Amendments

1. UPSC CSE Prelims 2019

Question: Which amendment of the Indian Constitution introduced the Ninth Schedule?
A) First Amendment
B) Twenty-Fourth Amendment
C) Forty-Second Amendment
D) Forty-Fourth Amendment

Answer: A

Explanation: The First Amendment (1951) introduced the Ninth Schedule to protect laws related to land reforms from being challenged in courts.

2. UPSC CSE Mains 2020 (GS Paper 2)

Question: Discuss the relevance of the Basic Structure Doctrine in maintaining the balance between parliamentary sovereignty and judicial review in India.

Answer: The Basic Structure Doctrine, established by the Kesavananda Bharati case (1973), plays a crucial role in maintaining the balance between parliamentary sovereignty and judicial review in India. While Parliament has the power to amend the Constitution, the doctrine prevents it from altering the essential features of the Constitution, such as democracy, secularism, and the rule of law. This ensures that no amendment can compromise the core values that form the foundation of the Constitution. The doctrine empowers the judiciary to strike down amendments that violate the basic structure, ensuring that changes to the Constitution are made responsibly and within legal limits.

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