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Hetram Bishnoi (study)     19 August 2009


tell me about the golaknath case


 4 Replies

Raman ( )     19 August 2009



There is a magic word called "please"  that you need to use either before or after the sentence in your request to see more responses on your query and try to elaborate it as much as possible. When I google it, found plenty of related threads ...

Dear Hetram, what exactly do you want to know about the case?

Hetram Bishnoi (study)     19 August 2009

really sorry, please tell me that golaknath case overulled the sajjan singh & shankari prasad & supreme court held that parliament cannot takes away fundamental rights but in year 1971 24th constitution amendment came into existence ,so please tell me in year 1972 which law applied either judgement of golaknath case or 24th amendment act?

Raman ( )     20 August 2009



"I.C. Golak Nath resulted into 24th amendment (1971): adding Art.13 (4), that the article shall not apply to any amendment of the Constitution under Art.368 and also amended Art.368 (1) by adding the word “in exercise of its constituent powers”; 25th amendment (1971): amending Art.31 by which the amount fixed for acquisition could not be challenged on the ground of adequacy in Court and inserted Art.31 (c)  declaring that law securing any of the principle in part 4 shall not be deemed to be void if it takes away the rights by Art.14 and Art.19, and no law containing such a declaration will be questioned in Court; 26th amendment (1971): omitting Art.291, (privy purses) and Art.362 (right and privileges of the rulers of the Indian states) and inserted Art.363-A ceasing the recognition of rulers and abolishing privy purses; and 29th amendment (1972): adding to Kerala Amendment Act in 9th Schedule."

kirtirani sole (Student)     22 August 2009

Dear friend, as there was qtn that whether Parliament has power to amend F.R & whether constitutional amedment is law within the meaning of Art.13?  in golknatht it was held that Art.368 doesn't confer upoon Parliament to amend the constitution, it only prescribe the procedure but this power is located u/Art248 i.e. residuary power. thus in golknath's case amending power is eqated with the ordinary law making power. & held that Parliament can not amend F.R. Then 24th amendment came into existance to nullify the rulling of golknath. friend u just go through the H.M.Seervai,an exhaustive commentory on Indian Constitution.

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