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In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?
- a)Shankari Prasad Case (1951)
- b)Sajjan Singh case (1965)
- c)Golaknath case (1967)
- d)Kesavananda Bharati case (1973)
Correct answer is option 'C'. Can you explain this answer?
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In which case did the Supreme Court reverse its earlier stance that Fu...
The Golaknath case (1967) marked a significant shift in the interpretation of the Constitution of India by the Supreme Court. The court reversed its earlier stance in the Shankari Prasad Case (1951) and the Sajjan Singh Case (1965) that Fundamental Rights can be amended.
Background:
The Constitution of India provides for a procedure to amend the Constitution under Article 368. However, the question arose whether the Fundamental Rights, enshrined in Part III of the Constitution, can be amended or not. In the Shankari Prasad Case (1951), the Supreme Court held that the Fundamental Rights can be amended like any other provision of the Constitution. In the Sajjan Singh Case (1965), the court reaffirmed its earlier stance.
Golaknath Case:
In the Golaknath Case (1967), the Supreme Court reversed its earlier stance and held that the Fundamental Rights are the basic features of the Constitution and cannot be amended. The court held that the power to amend the Constitution under Article 368 does not include the power to abrogate or take away the Fundamental Rights.
Impact:
The Golaknath case had far-reaching implications on the amending power of the Parliament. It restricted the power of the Parliament to amend the Constitution and placed certain limitations on it. The case also paved the way for the doctrine of Basic Structure, which was propounded in the Kesavananda Bharati case (1973).
Conclusion:
The Golaknath case was a landmark judgment in the constitutional history of India. It played a crucial role in defining the amending power of the Parliament and protecting the Fundamental Rights of the citizens.
Background:
The Constitution of India provides for a procedure to amend the Constitution under Article 368. However, the question arose whether the Fundamental Rights, enshrined in Part III of the Constitution, can be amended or not. In the Shankari Prasad Case (1951), the Supreme Court held that the Fundamental Rights can be amended like any other provision of the Constitution. In the Sajjan Singh Case (1965), the court reaffirmed its earlier stance.
Golaknath Case:
In the Golaknath Case (1967), the Supreme Court reversed its earlier stance and held that the Fundamental Rights are the basic features of the Constitution and cannot be amended. The court held that the power to amend the Constitution under Article 368 does not include the power to abrogate or take away the Fundamental Rights.
Impact:
The Golaknath case had far-reaching implications on the amending power of the Parliament. It restricted the power of the Parliament to amend the Constitution and placed certain limitations on it. The case also paved the way for the doctrine of Basic Structure, which was propounded in the Kesavananda Bharati case (1973).
Conclusion:
The Golaknath case was a landmark judgment in the constitutional history of India. It played a crucial role in defining the amending power of the Parliament and protecting the Fundamental Rights of the citizens.
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Community Answer
In which case did the Supreme Court reverse its earlier stance that Fu...
In the Golaknath case (1967), the Supreme Court reversed its earlier stance that Fundamental Rights can be amended. It stated that Fundamental Rights are not amenable to Parliamentary restriction as stated in Article 13 and that to amend the Fundamental rights a new Constituent Assembly would be required.
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In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer?
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In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer?.
In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer? for UPSC 2024 is part of UPSC preparation. The Question and answers have been prepared according to the UPSC exam syllabus. Information about In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer? covers all topics & solutions for UPSC 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer?.
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In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer?, a detailed solution for In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer? has been provided alongside types of In which case did the Supreme Court reverse its earlier stance that Fundamental Rights can be amended?a)Shankari Prasad Case (1951)b)Sajjan Singh case (1965)c)Golaknath case (1967)d)Kesavananda Bharati case (1973)Correct answer is option 'C'. Can you explain this answer? theory, EduRev gives you an
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