In Golaknath vs the State of Punjab case, the Supreme Court was led by...
In Golaknath vs the State of Punjab case, the Supreme Court led by Chief Justice Suba Rao declared by majority of 6 to 5 that the Parliament would have no power in future to amend any of the provisions of Part III of the Constitution so as to take away Fundamental Rights.
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In Golaknath vs the State of Punjab case, the Supreme Court was led by...
Golaknath vs the State of Punjab Case: Chief Justice Suba Rao
The correct answer is option 'A', Chief Justice Suba Rao. The Golaknath vs the State of Punjab case was a landmark judgment delivered by the Supreme Court of India in 1967. It was one of the most significant cases in Indian constitutional law and had far-reaching implications for the power of Parliament to amend the Indian Constitution.
Background:
- The case originated from a dispute over the validity of certain land reform laws enacted by the state of Punjab.
- The petitioner, Keshavananda Bharati, challenged the constitutional validity of these laws on the ground that they violated his fundamental rights.
- The case was initially heard by a bench of 11 judges, which included Chief Justice K. Subba Rao.
Key Issues:
- The primary issue before the court was whether Parliament had the power to amend any part of the Constitution, including the fundamental rights guaranteed under Part III of the Constitution.
- The case also raised questions about the interpretation of Article 13(2) of the Constitution, which provides that the State shall not make any law that takes away or abridges the rights conferred by Part III.
Supreme Court Decision:
- In a historic judgment, the Supreme Court held that Parliament did not have unlimited power to amend the Constitution.
- The court ruled that there were certain basic features of the Constitution that could not be amended by Parliament.
- It held that fundamental rights were part of the basic structure of the Constitution and could not be abrogated or abridged by a constitutional amendment.
- The court also clarified the scope of Article 13(2) and held that it included constitutional amendments, thereby subjecting them to judicial review for their conformity with fundamental rights.
Impact:
- The Golaknath case marked a significant shift in the interpretation of constitutional law in India.
- It established the doctrine of basic structure, which has been subsequently upheld and expanded upon in several other landmark judgments.
- The case set the stage for future cases such as Kesavananda Bharati vs State of Kerala and Indira Nehru Gandhi vs Raj Narain, which further clarified and solidified the basic structure doctrine.
In conclusion, Chief Justice Suba Rao led the Supreme Court in the Golaknath vs the State of Punjab case, which had a profound impact on the power of Parliament to amend the Constitution and established the doctrine of basic structure.
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