Amendment in Fundamental Rights as Human Rights in India

Amendment in Fundamental Rights: - In this respect, the power of parliament for amendment & its procedure in the Constitution of India has been mentioned in article 368 first of all question relating to the amendment in the Constitution of India and fundamental rights has been raised in the case of Shankari Prasad v. Union of India the court held that the power of amendment is vested under the article 368 in constitution of India including also fundamental rights. Golak Nath v. State of Punjab was held that the parliament of India has no power to amend the fundamental rights. In this relation, the article 368 has been amended by 42nd Constitution amendment 1976 and the clauses 04 and 05 have been instituted with regard to the limitations of amendments or power of parliament in this connection but in the case of Minerva Mills Limited v. Union of India both the above said clauses declared unconstitutional by the Supreme Court of India. In Keshwanand Bharti v. State of Kerala the hon’ble Supreme Court of India held that the parliament has power to amend the constitution which is limited not unlimited. The parliament of India can amend the Constitution and the fundamental rights but such amendments must not be against the basic structure of the Constitution and the parliament can not amend the basic structure of the constitution.