Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.

It is true that many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. As we know that the judiciary interprets and applies the law in the name of the state. There are any examples which prove this point. The First Amendment Act of 1951 brought many changes in the Constitution due to certain flaws that were found in the workings of the Constitution and which had to be remedied.

The Parliament’s authority to amend the Constitution has got some explicit limits which mention that no amendment can violate the basic structure of the Constitution. When there is a clash between the judiciary and the government then the Parliament had to add an amendment. Many times the Parliament has agreed with the judicial interpretation and wanted to amend the Constitution to overcome the ruling decision of the judiciary.

For example in the Kesavananda Bharati Case, in which the supreme court declared the level of which parliament could stand firm on property rights in the pursuit of land reforms, this led to the establishment of the doctrine of ‘Basic Structure of The Constitution’ which then limited the parliament power with regard to the constitutional amendment under article 368 of the Indian constitution.

Also, we see in the Golaknath case of 1967 in which the parliament could not restrain any fundamental rights in the constitution was abrogate by then government in 1971 by introducing the 24th amendment.

There are many more examples which support our statement. The constitution of India is flexible which means it is updated and not rigid. There are many amendments which were brought into the constitution due to different interpretations upheld by the Judiciary and the Parliament. The constitutional amendments of 43rd and 44th rejected most of the changes that were affected by the 38th, 39th and 42nd amendments. The constitutional balance was restored by these amendments in our constitution.