Case of Golaknath vs State of Punjab
The Golaknath case is one of the landmark cases in the history of Indian Judiciary. The case was heard by a bench of 11 judges of the Supreme Court of India in 1967. The case was related to the fundamental rights of the citizens of India and the power of the Parliament to amend the Constitution of India.
Background of the Case
The case originated from a dispute between Shri Prithvi Raj, a resident of Jalandhar, and the State of Punjab. In 1953, the State of Punjab passed the Punjab Security of Land Tenures Act, which restricted the rights of landowners to sell or transfer their land. Shri Prithvi Raj challenged the validity of this law in the Punjab and Haryana High Court, which upheld the law. Prithvi Raj then approached the Supreme Court, which referred the case to a larger bench of 11 judges.
Issues in the Case
The main issues in the case were:
- Whether the Parliament has the power to amend the fundamental rights of the citizens of India?
- Whether the fundamental rights of the citizens of India are absolute and can never be amended by the Parliament?
Judgement
The bench of 11 judges delivered their judgement in 1967. The judges unanimously held that:
- The Parliament has the power to amend the Constitution of India, including the fundamental rights of the citizens of India.
- The fundamental rights of the citizens of India are not absolute and can be amended by the Parliament, subject to the restrictions imposed by the Constitution.
The judgement in the Golaknath case was a major setback for the government of India, as it restricted the power of the Parliament to amend the Constitution. The government responded by introducing the 24th Amendment to the Constitution in 1971, which gave the Parliament the power to amend any part of the Constitution, including the fundamental rights of the citizens of India.
Conclusion
The Golaknath case was a landmark case in the history of Indian Judiciary, which clarified the power of the Parliament to amend the Constitution of India. The case highlighted the importance of the fundamental rights of the citizens of India and their protection under the Constitution.