I. C. Golak Nath Case (1967)

Supreme Court Judgement:

• This judgement marked a significant departure from the earlier rulings of the Supreme Court.

• It established that the amending power under Article 368 cannot be utilized to diminish or revoke the fundamental rights guaranteed in Part III of the constitution.

• The court clarified that a constitutional amendment act is considered a law within the purview of Article 13(2).

• However, it maintained the validity of certain past amendment acts, including the 1st Amendment Act (1951), the 4th Amendment Act (1955), and the 17th Amendment Act (1964).

• By introducing the doctrine of prospective overruling, the Supreme Court ensured that the impact of this judgement would only apply to future cases and not retroactively affect previous legal proceedings.

Impact of the Judgement:

• The 24th Amendment Act (1971) was enacted as a direct response to this judgement.

• This amendment conferred upon Parliament the authority to amend any portion of the constitution, including fundamental rights, by following the prescribed procedure outlined in Article 368.

• It explicitly stated that a constitutional amendment act would not be considered a law within the scope of Article 13(2), thereby circumventing the limitations imposed by the Supreme Court's ruling.

• Essentially, the 24th Amendment Act aimed to nullify the effects of the aforementioned judgement by expanding Parliament's amending powers and excluding such amendments from the purview of judicial review.