Shankari Prasad Case (1951)

Supreme Court Judgement:

• Held that the parliament's amending power under Article 368 includes the power to amend the fundamental rights guaranteed in Part III of the Constitution.

• Stated that a constitutional amendment act enacted to abridge or take away the fundamental rights is not void under Article 13(2).

• Upheld the validity of the 1st Amendment Act (1951), which curtailed the right to property by inserting Articles 31A and 31B.

Impact of the Judgement:

• The Supreme Court made a distinction between legislative law (ordinary law) and constituent law (constitutional amendment law).

• Separated the ordinary legislative power of the Parliament from its constituent power.

• Interpreted that the word 'law' in Article 13(2) refers to an ordinary law and does not include a constituent law made under Article 368.

• Laid down that Parliament can amend any provision of the constitution, rejecting the view that Fundamental Rights are inviolable.

• Held the field for one and a half decades (1951 to 1967).

• Affirmed in the Sajjan Singh case (1964) but overruled in the Golak Nath case (1967).