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Golaknath vs state of Punjab case?
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Golaknath vs state of Punjab case?
Golaknath vs State of Punjab Case
Golaknath vs State of Punjab case was a landmark judgement delivered by the Supreme Court of India in 1967. It was a case that challenged the power of the Parliament to amend the Constitution of India.
Facts of the Case
The case was filed by Keshavananda Bharati, a seer of the Edneer Mutt in Kerala, on behalf of Golaknath, a landowner in Punjab. Golaknath had challenged the validity of the Punjab Security of Land Tenures Act, which had imposed restrictions on the transfer of agricultural land. He argued that the Act violated his fundamental right to property, which was guaranteed by the Constitution of India.
Issue
The main issue before the Supreme Court was whether the Parliament had the power to amend the Constitution in a way that would abrogate or take away fundamental rights guaranteed by the Constitution.
Judgement
The Supreme Court, in a historic judgement, held that the Parliament did not have the power to amend the Constitution in a way that would take away or abrogate fundamental rights guaranteed by the Constitution. The Court held that the fundamental rights were the basic structure of the Constitution and could not be amended by the Parliament.
The Court also held that the Constitution was supreme and the Parliament was subordinate to it. The Court ruled that the Constitution was not a mere collection of laws but a living document that reflected the aspirations of the people of India.
Impact
The Golaknath case had a significant impact on the Indian legal system. It established the principle of the supremacy of the Constitution and the doctrine of basic structure. The doctrine of basic structure held that certain features of the Constitution, such as fundamental rights, separation of powers, and federalism, were so fundamental to the Constitution that they could not be amended by the Parliament.
The judgement was later overruled by the Supreme Court in the Keshavananda Bharati case, which held that the Parliament had the power to amend the Constitution but could not alter its basic structure.
Conclusion
The Golaknath case was a landmark judgement that established the principle of the supremacy of the Constitution and the doctrine of basic structure. It had a significant impact on the Indian legal system and helped strengthen the fundamental rights of the people of India.
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Golaknath vs state of Punjab case?
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Golaknath vs state of Punjab case? for Humanities/Arts 2024 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Golaknath vs state of Punjab case? covers all topics & solutions for Humanities/Arts 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Golaknath vs state of Punjab case?.
Golaknath vs state of Punjab case? for Humanities/Arts 2024 is part of Humanities/Arts preparation. The Question and answers have been prepared according to the Humanities/Arts exam syllabus. Information about Golaknath vs state of Punjab case? covers all topics & solutions for Humanities/Arts 2024 Exam. Find important definitions, questions, meanings, examples, exercises and tests below for Golaknath vs state of Punjab case?.
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