73
constitution was a law under article 13(2) and under
that article, all laws in contravention of any of the
fundamental rights in Part III of the constitution
were expressly declared to be void.
Six
years
later
in
1973,
a
larger
Bench
of
thirteen Judges had to consider the validity of some
of the later amendments, the Twenty Fourth, Twenty
Fifth and Twenty Ninth Amendment of the constitution.
The case was practically based on considering the
correctness
of
the
decision
of
Golaknath.
(Kesavananda Bharati V. State of Kerala, AIR 1973 SC
1461).
In
Kesavananda
the
following
points
were
agitated:
(a) “Parliament, in exercise of its amending
power,
cannot
fundamental
abrogate
rights.
or
These
abridge
were
the
the
basic
human freedoms which the people of India had
reserved
for
themselves
while
giving
to
themselves the Constitution;
(b) In any event, Parliament, in exercise of
its amending power, cannot alter or destroy