Question

Under Article 368, Parliament has no power to repeal Fundamental Rights because they are _______________.

• A. enshrined in Part III of the Constitution
• B. human rights
• C. transcendental rights
• D. part of basic structure of essential framework of the Constitution

Answer 1

The correct option is D part of basic structure of essential framework of the Constitution

Under Article 368, Parliament has no power to repeal Fundamental Rights because they are part of the basic structure of the essential framework of the Constitution. Part XX of the Constitution of India has only one article that is Article 368 that deals with the amendment of the Constitution. As per this article, Parliament may add, amend or repeal any provision of the constitution as per the procedure laid down for this purpose. However, in the Kesavanand Bharati Case 1973, the Supreme Court has ruled that the Parliament cannot repeal those provisions which constitute the Basic Structure of the Constitution.