The Fundamental Rights, enshrined in Part III of the Constitution of India, “are inherent and cannot be extinguished by any constitutional and statutory provision”. This was made clear in the case of

The Supreme Court of India, in the landmark case of I. C. Golak Nath v. State of Punjab (1967), held that Fundamental Rights are given a 'transcendental and immutable' position under the Constitution [2]. The Court ruled that these rights are primordial and necessary for the development of human personality, placing them beyond the reach of Parliament's amending power [5]. It was clarified that an amendment under Article 368 is 'law' within the meaning of Article 13(2); therefore, any constitutional or statutory provision that takes away or abridges Fundamental Rights is void [4]. This judgment reversed earlier stands in Shankari Prasad and Sajjan Singh, asserting that Fundamental Rights are inherent and cannot be extinguished by the state [5]. Although the Kesavananda Bharati case later introduced the 'Basic Structure' doctrine, it was Golak Nath that specifically characterized these rights as inherent and unamendable at that time [3].

Sources

1. [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 127
2. [2] Indian Polity, M. Laxmikanth(7th ed.) > Chapter 12: Basic Structure of the Constitution > EMERGENCE OF THE BASIC STRUCTURE > p. 127
3. [5] https://api.sci.gov.in/judgment/judis/2449.pdf
4. [4] https://cdnbbsr.s3waas.gov.in/s3ec0490f1f4972d133619a60c30f3559e/uploads/2025/05/2025052943.pdf
5. [3] Introduction to the Constitution of India, D. D. Basu (26th ed.). > Chapter 8: FUNDAMENTAL RIGHTS AND FUNDAMENTAL DUTIES > Exceptions to Funda· mental Rights. > p. 96