Fundamental Rights | Constitution of India

Q. Can fundamental rights be amended? Answer with the help of decided cases. [4 marks - 2019]

Q. Supreme Court is a watchful sentinel of the fundamental rights'. Explain this statement. [10 marks - 2018]

Fundamental Rights

Fundamental rights are the basic human rights enshrined in the Constitution of India which are guaranteed to all citizens. These right are available to all citizens irrespective of race, religion, gender, etc. These rights are enforceable by the law.

The Constitution of India ensures the below six fundamental rights through Article 12 to 35:.

(i) Right to Equality (Article 14-18)

(ii) Right to Freedom (Article 19-22)

(iii) Right against Exploitation (Article 23-24)

(iv) Right to Freedom of Religion (Article 25-28)

(v) Cultural and Educational Rights (Article 29-30)

(vi) Right to Constitutional Remedies (Article 32)

Amendment of Fundamental Rights

Fundamental rights can be amended by a constitutional amendment act passed by two third majority (special majority) of the Parliament of India. The amendment act should ensure that it is not violating Article 13(2) by taking away the rights.

The question is whether the fundamental rights are amendable has come up to the Supreme Court from time to time and the court had different views on the subject.

In the Sajjan Singh case of 1965, the Supreme Court held that the Parliament can amend any part of the Constitution including fundamental rights.

But in 1967, the SC reversed its stance taken earlier when in the verdict of the Golaknath case, it said that the fundamental rights cannot be amended.

In Keshavananda Bharati case of 1973, a landmark judgement the SC held that although no part of the Constitution, including Fundamental Rights, was beyond the Parliament’s amending power, the “basic structure of the Constitution could not be abrogated even by a constitutional amendment.”