The fundamental rights enshrined in Part III of the Indian Constitution are considered to be the cornerstone of India’s democratic system. These rights are guaranteed to all citizens of India, and they cannot be taken away or abridged by the government, except in certain limited circumstances.
However, the Constitution makers realized that the Constitution would need to be amended from time to time to keep pace with the changing needs of the society. Therefore, they provided for a procedure for amending the Constitution under Article 368.
However, when it comes to amending the fundamental rights, there are certain restrictions that have been placed on the amending power of the Parliament. These restrictions are as follows:
- Some of the fundamental rights, such as the right to life and personal liberty, cannot be amended at all. This is because these rights are considered to be the basic and essential features of the Constitution.
- Other fundamental rights can be amended, but only if the amendment does not take away or abridge the right in a substantial manner. The amendment should only make reasonable restrictions on the right, as long as they are necessary for the protection of public order, morality, or health, or for the protection of the rights of others.
- Any amendment to the Constitution, including the fundamental rights, must be passed by a special majority of both Houses of Parliament and ratified by at least half of the State Legislatures.
In summary, while the fundamental rights are amendable, there are certain restrictions placed on the Parliament’s amending power to ensure that these rights are not taken away or abridged in a substantial manner.
