A CRITICAL STUDY OF 24TH AMENDMENT OF THE CONSTITUTION

AUTHOR – GOPAL SONTAKKE, LLM STUDENT AT NAVLMAL FIRODIA LAW COLLEGE

BEST CITATION – GOPAL SONTAKKE, A CRITICAL STUDY OF 24TH AMENDMENT OF THE CONSTITUTION, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 130-139, APIS – 3920 – 0001 & ISSN – 2583-2344.

Abstract:

“In the evolving landscape of Indian democracy, constitutional amendments have always been crucial in shaping governance, with the 24th Amendment of the Indian Constitution, passed in 1971, marking an important chapter in the nation’s legal history.” The 24th Amendment was introduced to resolve conflicts regarding judicial review of constitutional amendments, particularly in light of the basic structure doctrine. By empowering Parliament to amend any part of the Constitution, including fundamental rights, it aimed to reduce tensions between the legislature and the judiciary. The amendment was passed during a period of political instability and responded directly to the Supreme Court’s decision in the Kesavananda Bharati case, where the Court laid down the basic structure doctrine, limiting the powers of Parliament to amend the Constitution. Even today, the 24th Amendment remains a subject of legal debate, especially concerning its impact on the balance of power between Parliament and the judiciary. The Amendment clarified that Parliament has the authority to amend the Constitution, including fundamental rights, but still needed to respect the core principles that define the Constitution. This paper critically examines the 24th Amendment’s impact on constitutional law, its effect on the relationship between different branches of government, and its relevance in today’s legal and political context. Although the 24th Amendment was intended to enhance the powers of Parliament; it raised important questions about the limits of constitutional amendments and the protection of fundamental rights. The paper suggests a deeper examination of the amendment’s long-term impact and advocates for reforms to better balance legislative authority and judicial review. The objective of this study is to evaluate the 24th Amendment’s influence on India’s constitutional framework, its role in governance, and propose changes to ensure a proper balance between legislative powers and the protection of fundamental rights.

Keywords: 24th Amendment, Indian Constitution, Judicial Review, Parliament, Basic Structure Doctrine, Constitutional Law, Fundamental Rights.