Supreme Court of India · 1967-02-27
I. C. GOLAKNATH & ORS. vs STATE OF PUNJAB & ANRS.(With Connected Petitions)
- Citation / case number
- SC 1966/60203
- Court
- Supreme Court of India
- Petitioner
- I. C. GOLAKNATH & ORS.
- Respondent
- STATE OF PUNJAB & ANRS.(With Connected Petitions)
- Bench
- RAO, K. SUBBA (CJ) & WANCHOO, K.N.,HIDAYATULLAH, M. & SHAH, J.C.,SIKRI, S.M. & BACHAWAT, R.S.,RAMASWAMI, V. & SHELAT, J.M.,BHARGAVA, VISHISHTHA & MITTER, G.K. & VAIDYIALINGAM, C.A.
Judgment text excerpt
The Supreme Court held that the Punjab Security of Land Tenures Act, 1953 and the Mysore Land Reforms Act, 1962, as amended by the Seventeenth Amendment Act, 1964, are invalid as they contravene Article 13(2) of the Constitution. The Court established that fundamental rights cannot be abridged or taken away by the amending procedure under Article 368, affirming that such amendments are 'law' subject to Part III of the Constitution. The judgment reversed the previous decisions in Sankari Prasad Singh Deo v. Union of India and Sajjan Singh's case, asserting that Parliament lacks the power to amend fundamental rights.