Supreme Court of India · 1951-10-05
SRI SANKARI PRASAD SINGH DEO vs UNION OF INDIA AND STATE OF BIHAR(And Other Cases).
- Citation / case number
- SC 1951/78
- Court
- Supreme Court of India
- Petitioner
- SRI SANKARI PRASAD SINGH DEO
- Respondent
- UNION OF INDIA AND STATE OF BIHAR(And Other Cases).
- Bench
- KANIA, HIRALAL J. (CJ),SASTRI, M. PATANJALI,MUKHERJEA, B.K.,DAS, SUDHI RANJAN,AIYAR, N. CHANDRASEKHARA
Judgment text excerpt
The Supreme Court upheld the Constitution (First Amendment) Act, 1951, affirming that it is not ultra vires or unconstitutional. The Court ruled that the provisional Parliament has the authority to amend the Constitution under Article 368, and that the adaptation of Article 368 by the President is valid. It clarified that amendments made under Article 368 are not subject to the limitations of Article 13(2), which pertains to ordinary legislative power, thus confirming the validity of Articles 31A and 31B.