Palak Agarwal, Hidayatullah National Law University Raipur & Divyanshu Chaurasia, Dr. Ram Manohar Lohia National Law University Lucknow
Article 13(4) of The Indian Constitution:
“Nothing in this article shall apply to any amendment of this Constitution made under Article 368.”1
Article 13(2) declares and restricts the State from enacting any "law" which is in violation of the Fundamental Rights, and if such a "law" is enacted, it will be declared null and invalid. It was complex to describe the concept of law. A number of cases (and a constitutional amendment) followed, with the goal of determining whether or not constitutional amendments are protected by Article 13.
Shankari Prasad V. Union of India (AIR 1951 SC 458)
Article 368 of the Constitution concedes the ability to amend the Constitution, including Fundamental Rights, as indicated by the Supreme Court. An amendment isn't a regulation in that frame of mind of Article 13(2) of the Constitution. “The State shall not make any law which takes away or abridges the rights conferred by this part and any law made in contravention to this clause shall, to the extent of the contravention, be void,”2 proclaims Article 13(2). Despite the fact that it abbreviates a fundamental right, an amendment is lawful.
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