Question
Download Solution PDFThat the Legislature does not enjoy the power to amend Part III of the Constitution to take away or abridge fundamental rights was laid down by a .
Answer (Detailed Solution Below)
Detailed Solution
Download Solution PDFThe correct answer is Golak Nath v. State of Punjab.
Key Points
- The case of Golak Nath v. State of Punjab was a landmark decision by the Supreme Court of India.
- The ruling was delivered in 1967.
- The judgment stated that the Parliament could not amend Part III of the Constitution to take away or abridge fundamental rights.
- This case led to a significant interpretation of Article 368 of the Constitution of India.
- The decision emphasized the sanctity of fundamental rights and their protection from parliamentary amendments.
- It was one of the pivotal moments in the development of constitutional law in India.
- The ruling was later overturned by the Kesavananda Bharati v. State of Kerala case in 1973, which introduced the doctrine of the basic structure of the Constitution.
Additional Information
- Sajjan Singh v. State of Rajasthan
- This case was decided in 1965.
- The ruling upheld the validity of the Constitution (Seventeenth Amendment) Act, 1964.
- The Supreme Court affirmed that the Parliament had the power to amend any part of the Constitution, including fundamental rights.
- Kesavananda Bharati v. State of Kerala
- Decided in 1973, this landmark case introduced the doctrine of the basic structure of the Constitution.
- The ruling stated that while Parliament has wide powers to amend the Constitution, it cannot alter the basic structure.
- Shankari Prasad Singh Deo v. Union of India
- This case was decided in 1951.
- The Supreme Court upheld the validity of the First Amendment Act, 1951, and ruled that Parliament had the power to amend the Constitution, including fundamental rights.
Last updated on Jun 5, 2025
-> The UP Police Sub Inspector 2025 Notification will be released by 15th June for 4543 vacancies.
-> A total of 35 Lakh applications are expected this year for the UP Police vacancies..
-> The recruitment is also ongoing for 268 vacancies of Sub Inspector (Confidential) under the 2023-24 cycle.
-> The pay Scale for the post ranges from Pay Band 9300 - 34800.
-> Graduates between 21 to 28 years of age are eligible for this post. The selection process includes a written exam, document verification & Physical Standards Test, and computer typing test & stenography test.
-> Assam Police Constable Admit Card 2025 has been released.