(5) For the removal of easy doubts, it is hereby declared that there shall be no limitation whatever on the constituent power of Parliament to amend by way of addition, variation or repeal the provisions of this Constitution under this article. The above clauses were unanimously ruled as unconstitutional. Chief Justice
Y. V. Chandrachud explained in his opinion that since, as had been previously held in
Kesavananda Bharati v. State of Kerala, the power of Parliament to amend the constitution was limited, it could not by amending the constitution convert this limited power into an unlimited power (as it had purported to do by the 42nd amendment). Section 4 of the 42nd Amendment, had amended Article 31C of the Constitution to accord precedence to the
Directive Principles of State Policy articulated in Part IV of the Constitution over the
Fundamental Rights of individuals articulated in Part III of Indian Constitution. By a verdict of 4-1, with Justice
P. N. Bhagwati dissenting, the court held section 4 of the 42nd Amendment to be unconstitutional. Chief Justice Chandrachud wrote: ==References==