Can Parliament, by amendment under Article 368, abrogate Article 32 in its entirety?
Answer & Solution
Correct answer: D.
1. Article 32 itself is a fundamental right.
2. In L. Chandra Kumar v. Union of India (1997), the Supreme Court held that the power of judicial review under Articles 32 and 226 is part of the basic structure of the Constitution and cannot be abrogated even by a constitutional amendment.
3. The basic structure doctrine, traceable to Kesavananda Bharati (1973), limits Parliament's amending power under Article 368.
4. There is no referendum provision in the Indian Constitution.
_Source: Constitution of India (Bare Act, updated to 105th Amendment Act 2021), Govt. of India Legislative Dept., Article 32; L. Chandra Kumar v. Union of India, (1997) 3 SCC 261; Kesavananda Bharati_
Related questions
In National Legal Services Authority (NALSA) v. Union of India, (2014) 5 SCC 438, the SuprThe Constitution (103rd Amendment) Act, 2019 — providing 10 per cent reservation for EconoArticle 131 of the Constitution confers on the Supreme Court of India:Which case overruled the proposition in A. K. Gopalan v. State of Madras, AIR 1950 SC 27 tArticles 280 (Finance Commission) and 281 (recommendations of the Finance Commission) beloThe Eleventh Schedule of the Constitution lists subjects that may be devolved by State LegArticles 243 to 243-O of the Constitution, inserted by the 73rd Amendment Act, 1992, deal The Sixth Schedule of the Constitution provides for the administration of tribal areas in