Analyse the Constitutional Amendments made so far in relation to the Fundamental Rights guaranteed under…

Question

Analyse the Constitutional Amendments made so far in relation to the Fundamental Rights guaranteed under Part III of the Constitution.

Ghissu Editorial · Accepted Answer

Amendments have both restricted and expanded Fundamental Rights: the 1st added reasonable restrictions, the 44th removed the right to property, and the 86th created the right to education under Article 21A. The Kesavananda Bharati basic structure doctrine ensures Parliament can amend but not destroy Part III.

**Introduction**

Constitutional amendments have critically influenced Fundamental Rights under Part III, balancing evolving social needs with constitutional integrity, shaped by key judgments like Kesavananda Bharati. These amendments reflect the dynamic nature of the Constitution in responding to changing societal demands while safeguarding core liberties.

**Nature and Scope of Amendments**

1. **Expansion of Rights**: The 86th Amendment (2002) elevated free education to a Fundamental Right (Article 21A), reflecting rights’ evolution; the 42nd Amendment⟦1⟧ introduced Fundamental Duties, indirectly affecting rights enforcement by promoting citizen responsibility alongside rights.

2. **Restrictive Amendments for Social Justice**: The 24th and 25th Amendments (1971) empowered Parliament to amend rights to implement Directive Principles, curtailing property rights (Article 31) to promote equity. These amendments enabled affirmative action and land reforms, balancing individual rights with social welfare.

**Interaction Between Amendments and Fundamental Rights**

3. **Basic Structure Doctrine⟦2⟧ as a Check**: Kesavananda Bharati (1973) established that Parliament’s power to amend is limited by the Basic Structure Doctrine, protecting Fundamental Rights from being destroyed or damaged, thus preserving the Constitution’s core identity.

4. **Balancing Directive Principles and Rights**: The 25th Amendment allowed laws implementing Directive Principles to override some rights, but Minerva Mills (1980) reaffirmed the need to maintain balance by striking down provisions that excessively subordinated Fundamental Rights to Directive Principles.

**Implications on Protection and Enforcement**

5. **Judicial Expansion of Rights**: Maneka Gandhi (1978) broadened Article 21’s right to life to include dignity and fair procedure, complementing amendments by deepening rights’ substance and ensuring their meaningful enforcement.

**Conclusion**

Amendments have transformed Fundamental Rights, with judicial doctrines like Basic Structure ensuring their protection amid social and political changes. This dynamic interplay sustains the Constitution as a living document that balances individual liberties with collective progress.

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