Name of the Case : Shankari Prasad vs. Union of India
Year of Judgement : 1951
Popular Name : -
Related Topic/ Issue : Parliament's power to amend the constitution
Related Article/ Schedule : 13 & 368
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).