UPPSC PCS - 2016
In India, who is competent to amend Fundamental Rights of the citizens?
Year Asked: 2016
Correct Answer
C. Parliament
Detailed Explanation
The correct answer is C) Parliament. Article 368 gives Parliament the power to amend the Constitution, and that power covers Part III, the Fundamental Rights. The amendment must pass both Houses by a special majority, and no single House can do it alone.
- A and B are wrong: Neither House can amend the Constitution alone. Each is only one part of Parliament, and an amendment needs the approval of both Houses.
- D is wrong: The Supreme Court interprets the Constitution and can strike down amendments that violate the basic structure, as in Kesavananda Bharati (1973). It has no power to amend.
The core concept is the amending power under Article 368, which was narrowed by the Golaknath case (1967) and restored by the 24th Amendment (1971). The Kesavananda ruling then limited it through the basic structure doctrine. This is a Mains favourite on the balance between Parliament and judicial review.
Trap: Aspirants often pick the Supreme Court because they remember it as the guardian of Fundamental Rights. Protecting rights and amending them are separate powers.
This question appeared in UPPCS 2016 GS Paper 1.
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