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The question of amending the fundamental rights became a subject of prolonged debate, and led to

several confrontation between the Supreme Court and the Parliament.

In the Shankari Prasad Case (1951) the supreme court ruled that the power of the parliament to amend
the constittution under Article 368 also includes the power to amend the fundamental rights, the
parliament can abridge or takeaway any of the fundamental rights by enacting a constitutional
amendment act.

For example, Right to property that used to be a fundamental right has been made only a legal right, by
enacting the 44th amendment act under Article 300A Part XII of the Constitution.

Precisely, the answer to your question is yes, the Parliament can amend the fundamental rights under
its amending power in Article 368, but without changing the ‘basic structure of the constitution.

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