24th Amendment to the Constitution of India

24th Amendment to the Constitution of India
Name	24th Amendment to the Constitution of India
Enacted by	Parliament of India
Assented by	President of India
Date assented	1971
Date commenced	1971
Status	In force

24th Amendment to the Constitution of India The 24th Amendment to the Constitution of India (1971) altered the relationship between Constitution of India rights and Parliament of India's power to amend constitutional provisions, particularly in response to disputes involving fundamental rights and socio-economic reform. It arose amid tensions among proponents of land reform, advocates associated with Indian National Congress, and judicial interpretations by the Supreme Court of India that affected legislation passed by state legislatures such as Maharashtra Legislative Assembly and Bihar Legislative Assembly.

Background

The Amendment was proposed during the administration of Indira Gandhi as Prime Minister, following controversies tied to the validity of amendments and laws enacted by the Parliament of India and various state assemblies including Uttar Pradesh Legislative Assembly and West Bengal Legislative Assembly. Prior cases in the Supreme Court of India—notably judgments concerning the scope of Fundamental Rights under Part III of the Constitution of India—had raised questions about whether statutes enacted under land reform initiatives and nationalization schemes by entities like the State of Kerala and the State of Rajasthan could be subject to judicial review. Political dynamics involved national parties such as the Indian National Congress and opposition groups like the Bharatiya Jana Sangh and Swatantra Party.

Provisions of the Amendment

The 24th Amendment amended several articles of the Constitution of India to clarify Parliament of India's amending power under Article 368 of the Constitution of India. It inserted clauses affecting the application of Article 31C of the Constitution of India and modified the relationship between Directive Principles of State Policy in Part IV of the Constitution of India and Fundamental Rights (India). The Amendment expressly empowered Parliament of India to enact laws that could implement policies reflected in Patel Commission-era reforms, land redistribution programs promoted by Zamindari Abolition Acts and other socio-economic measures championed by leaders such as B. R. Ambedkar and Jawaharlal Nehru. It also curtailed certain judicial remedies by specifying the non-justiciability of laws enacted to give effect to specified Directive Principles when directly inconsistent with particular Fundamental Rights provisions.

Legislative History and Passage

The Amendment was introduced as a Bill in the Lok Sabha and debated across both Houses of the Parliament of India, engaging members from factions including the Congress Parliamentary Party, the Communist Party of India, and regional parties such as the Dravida Munnetra Kazhagam and All India Trinamool Congress (predecessor movements). Parliamentary debate referenced constitutional precedents like rulings of the Supreme Court of India and the role of the President of India in assenting to constitutional amendments. The Bill passed through standard legislative stages in the Rajya Sabha (Council of States) and received the President's assent, thereby becoming the 24th Amendment. Political actors including ministers and opposition leaders invoked the legacies of Sardar Vallabhbhai Patel and Maulana Abul Kalam Azad in arguing for or against the scope of amendment power.

Constitutional Challenges and Kesavananda Bharati Case

Soon after enactment, the Amendment became central to disputes culminating in the landmark case of Kesavananda Bharati v. State of Kerala. Petitioners including Kesavananda Bharati challenged the Amendment before the Supreme Court of India, with intervenors such as state governments of Kerala and Maharashtra and legal luminaries like Nani Palkhivala and Fakhruddin Ali Ahmed participating in argument or related roles. The case evaluated whether provisions added by the 24th Amendment could place substantive limits on judicial review or the enforcement of Fundamental Rights under Article 32. The majority judgment in Kesavananda Bharati—delivered by a constitution bench—articulated the doctrine of the "basic structure" of the Constitution of India, constraining absolute amending power even of the Parliament of India.

Impact and Significance

The 24th Amendment had immediate and long-term effects on constitutional jurisprudence and legislative practice. It catalyzed the articulation of the basic structure doctrine in the Kesavananda judgment, shaping subsequent contests over amendments such as the 42nd Amendment to the Constitution of India. The Amendment influenced policy debates on land reform, nationalization, and the protection of civil liberties, engaging institutions like the Supreme Court of India, Election Commission of India, and state governments across Tamil Nadu, Kerala, Karnataka, and Punjab. Scholars and jurists, including Upendra Baxi and H.M. Seervai, analyzed its implications for constitutional supremacy and parliamentary sovereignty.

Subsequent Developments and Related Amendments

Following the Kesavananda Bharati decision, later amendments—including the 25th Amendment to the Constitution of India and the controversial 42nd Amendment to the Constitution of India—further tested the limits of amendment power and the resilience of the basic structure doctrine. Judicial review by the Supreme Court of India and commentary by academics at institutions such as the National Law School of India University and Delhi University continued to interpret the interplay among Article 368 of the Constitution of India, Fundamental Rights, and Directive Principles. The legacy of the 24th Amendment persists in constitutional litigation, legislative drafting, and comparative analyses involving documents like the United States Constitution and constitutions of countries such as South Africa and United Kingdom.

Category:Amendments to the Constitution of India