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The case of I.C Golaknath v. State of Punjab (1967) is one of the landmark judgement in the lndia history that gave a new dimension for development of Basic structure of India Constitution. It was the first case that restricted the power of Parliament to amend fundamental rights through constitutional amendment. In this case Supreme Court successfully protected the fundamental rights from being altered by exercising power under Article 368 of Indian Constitution.
The Supreme Court constituted 11 judges bench comprised of K. Subba Rao (Chief Justice), K.N Wanchoo, M. Hidayatullah, J.C. Shah, S.M. Sikri, R.S. Bachawat, V. Ramaswami, J.M. Shelat, Vishishtha Bhargava, G.K. Mitter, C.A. Vaidyialingam to deliver the judgement on 27th February, 1967.
This case challenged the Constitutionality of 17 th Constitutional amendment and the Supreme Court overruled the Judgements in Shankari Prasad (1951) and Sajjan Singh case (1965) and said " the Parliament has no power to curtail fundamental rights by Constitutional amendment".
Aftermath :
The Parliament passed 24 th Constitutional amendment Act, 1971 in order to overcome the Judgement of Golaknath case.
Download full copy of judgement below :
https://main.sci.gov.in/judgment/judis/2449.pdf - https://youtu.be/bDDBy64JDEk
- English
- Vidhi Vyakyan
I.C Golaknath v. State of Punjab (1967) || Case analysis || Landmark judgement of Supreme Court
Author
Vidhi Vyakyan
Video Category
Judgements
Language
english
Highlights
The case of I.C Golaknath v. State of Punjab (1967) is one of the landmark judgement in the lndia history that gave a new dimension for development of Basic structure of India Constitution. It was the first case that restricted the power of Parliament to amend fundamental rights through constitutional amendment. In this case Supreme Court successfully protected the fundamental rights from being altered by exercising power under Article 368 of Indian Constitution.
The Supreme Court constituted 11 judges bench comprised of K. Subba Rao (Chief Justice), K.N Wanchoo, M. Hidayatullah, J.C. Shah, S.M. Sikri, R.S. Bachawat, V. Ramaswami, J.M. Shelat, Vishishtha Bhargava, G.K. Mitter, C.A. Vaidyialingam to deliver the judgement on 27th February, 1967.
This case challenged the Constitutionality of 17 th Constitutional amendment and the Supreme Court overruled the Judgements in Shankari Prasad (1951) and Sajjan Singh case (1965) and said " the Parliament has no power to curtail fundamental rights by Constitutional amendment".
Aftermath :
The Parliament passed 24 th Constitutional amendment Act, 1971 in order to overcome the Judgement of Golaknath case.
Download full copy of judgement below :
https://main.sci.gov.in/judgment/judis/2449.pdf
The Supreme Court constituted 11 judges bench comprised of K. Subba Rao (Chief Justice), K.N Wanchoo, M. Hidayatullah, J.C. Shah, S.M. Sikri, R.S. Bachawat, V. Ramaswami, J.M. Shelat, Vishishtha Bhargava, G.K. Mitter, C.A. Vaidyialingam to deliver the judgement on 27th February, 1967.
This case challenged the Constitutionality of 17 th Constitutional amendment and the Supreme Court overruled the Judgements in Shankari Prasad (1951) and Sajjan Singh case (1965) and said " the Parliament has no power to curtail fundamental rights by Constitutional amendment".
Aftermath :
The Parliament passed 24 th Constitutional amendment Act, 1971 in order to overcome the Judgement of Golaknath case.
Download full copy of judgement below :
https://main.sci.gov.in/judgment/judis/2449.pdf