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I. C. GOLAK NATH & ORS. vs. STATE OF PUNJAB & ANRS.

SCR Citation: [1967] 2 S.C.R. 762
Year/Volume: 1967/ Volume 2
Date of Judgment: 27 February 1967
Petitioner: I. C. GOLAK NATH & ORS.
Disposal Nature: Petition Dismissed
Neutral Citation: 1967 INSC 45
Judgment Delivered by: Hon'ble Mr. Justice K. Subba Rao,Hon'ble Mr. Justice M. Hidayatullah,Hon'ble Mr. Justice J.C. Shah,Hon'ble Mr. Justice S.M. Sikri,Hon'ble Mr. Justice J.M. Shelat,Hon'ble Mr. Justice C.A. Vaidyialingam
Respondent: STATE OF PUNJAB & ANRS.
Case Type: WRIT PETITION (CIVIL) /153/1966
Order/Judgment: Judgment
1. Headnote

Constitution of India, Arts. 13(2), 368, 245, 248, Schedule 7, List 1, Entry 97-Power to amend Constitution where resides Whether resides in Art. 368 or in residuary power of Parliament under Art. 248 read with Entry 97 List 1-Fundamental Rights in Part III whether can be amended and abridged by the procedure in Art. 368-'Law' under Art. 13(2) whether includes constitutional amendments Scheme of Constitution Fundamental rights whether intended to be permanent and unamendable-Amendment whether exercise of sovereign power-Amendment whether a political matter outside the purview of courts.

Constitution Seventeenth Amendment Act, 1964-Whether invalid for contravention of Art. 13(2).

Prospective overruling, doctrine of Vast agrarian changes under constitutional amendments-Necessity of preserving past while protecting future Stare decisis.

Punjab Security of Land Tenures Act, 1953 (Act 10 of 1953)- E Mysore Land Reforms Act (Act 10 of 1962) as amended by Act 14 of 1965-Acts contravening fundamental rights-Whether valid.

The validity of the Punjab Security of Land Tenures Act, 1953 (Act 10 of 1953) and of the Mysore Land Reforms Act (Act 10 of 1962) as amended by Act 14 of 1965 was challenged by the petitioners under Art. 32 of the Constitution. Since these Acts were included in the 9th Schedule to the Constitution by the Constitution (Seventeenth) Amendment Act, 1964, the validity of the said Amendment Act was also challenged. In this connection it was urged that Sankari Prasad's case in which the validity of the Constitution (First) Amendment Act, 1951 had been upheld and Sajjan Singh's case in which the validity of the Constitution (Seventeenth) Amendment Act, 1964, had been upheld by this Court, had been wrongly decided. It was contended that Parliament had no power to amend fundamental rights in Part III of the Constitution.

2. Case referred
3. Act
  • Constitution Of India
  • Punjab Security of Land Tenures Act, 1953 (10 of 1953)
4. Keyword
  • constitution
  • Arts. 13(2)
  • 368
  • 245
  • 248 and Schedule 7
  • List 1
  • Entry 97
  • 368
5. Equivalent citation
    Citation(s) 1967 AIR 1643 =