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Which of the following statements is/are true with respect to Constitutional Amendments ?

  • A.Constitutional Amendments are made by virtue of constituent power
  • B.Constitutional Amendments are made by virtue of power under Art. 368 of the Constitution
  • C.Constitutional Amendments are not law under Art. 13 of the Constitution
  • D.All the above

Answer: D

All three statements are true, so the answer is All the above.

Amending the Constitution is an exercise of constituent power, distinct from Parliament's ordinary law-making power. That power is found in Article 368, which the 24th Amendment (1971) made explicit. The same amendment added Article 13(4), which says nothing in Article 13 applies to an amendment made under Article 368. So an amendment is not 'law' that is void for abridging fundamental rights; it is reviewable only against the basic structure.

Because each statement is correct, no single statement is the complete answer.

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