17-565: The Seventeenth Amendment may refer to the: Seventeenth Amendment of the Constitution of India , 1964 amendment relating to the acquisition of property by government Seventeenth Amendment of the Constitution of Ireland , relating to cabinet confidentiality Seventeenth Amendment to the Constitution of Pakistan , granting more power to the President of Pakistan Seventeenth Amendment of
34-420: A limited amending power is one of the basic features of our Constitution and therefore, the limitations on that power can not be destroyed. In other words, Parliament can not, under Article 368, expand its amending power so as to acquire for itself the right to repeal or abrogate the Constitution or to destroy its basic and essential features. The donee of a limited power cannot by the exercise of that power convert
51-551: A majority of the court also held that the parliament's power to amend is not a power to destroy. Hence the parliament cannot emasculate the fundamental rights of individuals, and also includes the right to liberty and equality (which is not a fundamental right but considered a basic structure of the Constitution) . The ruling struck down clause 4 and 5 of the Constitution (Forty second Amendment) Act, 1976 enacted during
68-590: A result, the Constitution is amended roughly twice a year. The main purpose of the amendments is to become more relevant. It was made compulsory for the President to give consent to the Constitution Amendment Bill. However, the Supreme Court quashed a part of Article 31C (4) to the extent it took away the power of judicial review. This was done in the landmark case of Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225 which for
85-627: Is a landmark decision of the Supreme Court of India that applied and evolved the basic structure doctrine of the Constitution of India . In the Minerva Mills case, the Supreme Court provided key clarifications on the interpretation of the basic structure doctrine. The court ruled that the power of the parliament to amend the constitution is limited by the constitution. Hence the parliament cannot exercise this limited power to grant itself an unlimited power. In addition to that ,
102-654: The Emergency provision imposed by Prime Minister Indira Gandhi . (5) For the removal of easy doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article. The above clauses were unanimously ruled as unconstitutional. Chief Justice Y. V. Chandrachud explained in his opinion that since, as had been previously held in Kesavananda Bharati v. State of Kerala ,
119-402: The 42nd Amendment to be unconstitutional. Chief Justice Chandrachud wrote: Three Articles of our Constitution, and only three, stand between the heaven of freedom into which Tagore wanted his country to awake and the abyss of unrestrained power. They are Articles 14, 19 and 21. Article 31C has removed two sides of that golden triangle which affords to the people of this country an assurance that
136-501: The Constitution of India since it was first enacted in 1950. There are three types of amendments to the Constitution of India of which the second and third types of amendments are governed by Article 368 . The third type amendments that are made to the constitution are amendments No. 3, 6, 7, 8, 13, 14, 15, 16, 22, 23, 24, 25, 28, 30, 31, 32, 35, 36, 38, 39, 42, 43, 44, 45, 46, 51, 54, 61, 62, 70, 73, 74, 75, 79, 84, 88, 95, 99, 101 and 104. Although constitutional amendments require
153-498: The Constitution of South Africa , restructuring the judicial system Seventeenth Amendment to the United States Constitution , providing for the direct election of Senators Topics referred to by the same term [REDACTED] This disambiguation page lists articles associated with the title Seventeenth Amendment . If an internal link led you here, you may wish to change the link to point directly to
170-483: The Constitution. Article 19(1)(f) right to property was omitted. Provides for human rights safeguards and mechanisms to prevent abuse of executive and legislative authority. Annuls some Amendments enacted in Amendment Bill 42. However, para 7 of the 10th Schedule was struck down by the Supreme Court in the case of Kihoto Hollohan v. Zachillhu 1992 SCR (1) 686, for being in contravention with Article 368 of
187-733: The Constitution. The amendment objective is to encourage economic activities of cooperatives which in turn help progress of rural India. It is expected to not only ensure autonomous and democratic functioning of cooperatives, but also the accountability of the management to the members and other stakeholders. Amendment of articles 248, 249, 250, 268, 269, 270, 271, 286, 366, 368, Sixth Schedule, Seventh Schedule. Modification of articles 338, 366. Amendment to Article 16, added Clause [6]. Insertion of articles 330A, 332A, 334A. Minerva Mills v. Union of India Minerva Mills Ltd. and Ors. v. Union Of India and Ors. (case number: Writ Petition (Civil) 356 of 1977; case citation: AIR 1980 SC 1789)
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#1732766160271204-542: The Supreme Court in Indira Nehru Gandhi v. Raj Narain 1976 (2) SCR 347, for being in violation of basic structure. Place land reform & other acts and amendments to these act under Schedule 9 of the constitution. However, the Supreme Court, in Minerva Mills v. Union of India 1980 SCC (3) 625, quashed the amendments to Articles 31C and 368 as it was in contravention with the basic structure of
221-477: The first time enunciated the Basic structure doctrine . Supreme Court in P. Sambamurthy v. State of Andhra Pradesh 1987 SCC (1) 362 held clause (3) and (5) along with its Proviso of Article 371D as unconstitutional and void. It was found to be violative of basic structure doctrine, against the concept of justice and the principle of the rule of law. Later, clauses (4) and (5) of Article 329A were struck down by
238-441: The intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Seventeenth_Amendment&oldid=1151171952 " Category : Disambiguation pages Hidden categories: Short description is different from Wikidata All article disambiguation pages All disambiguation pages Seventeenth Amendment of the Constitution of India As of September 2024, there have been 106 amendments of
255-663: The limited power into an unlimited one. Section 4 of the 42nd Amendment, had amended Article 31C of the Constitution to accord precedence to the Directive Principles of State Policy articulated in Part IV of the Constitution over the Fundamental Rights of individuals articulated in Part III of Indian Constitution. By a verdict of 4-1, with Justice P. N. Bhagwati dissenting, the court held section 4 of
272-467: The power of Parliament to amend the constitution was limited, it could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). Since the Constitution had conferred a limited amending power on the Parliament, the Parliament cannot under the exercise of that limited power enlarge that very power into an absolute power. Indeed,
289-540: The support of a two-thirds majority in both houses of Parliament (with some amendments requiring ratification by a majority of state legislatures), the Indian Constitution is the most amended national constitution in the world. The Constitution spells out governmental powers with so much detail that many matters addressed by statute in other democracies must be addressed via constitutional amendment in India. As
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