Part of: Miscellaneous Indian Gk set 225

In which Landmark case fundamental rights were considered as inviolable part of the Indian Constitution

Category: Miscellaneous Indian Gk

Hint: Consider the case that established the principle that fundamental rights cannot be amended.

Correct Answer: A) Golaknath vs State of Punjab.

Exam Relevance: UPSC, Civil Services, State PSC, CLAT

Difficulty: Moderate

Explanations:

The Golaknath vs State of Punjab case is a landmark judgment in the history of the Indian Constitution. It was a significant case that dealt with the power of the Parliament to amend the Constitution, particularly with respect to fundamental rights. The case arose from a dispute over the validity of certain state laws that were enacted to amend the Constitution and affect the fundamental rights of individuals.

In 1967, the Supreme Court of India delivered its judgment in the Golaknath case, which was a consolidation of several petitions challenging the validity of various amendments to the Constitution. The main issue before the Court was whether the Parliament had the power to amend the fundamental rights guaranteed under Part III of the Constitution. The Court, in a majority judgment, held that the Parliament did not have the power to amend the fundamental rights.

The Court reasoned that the fundamental rights are the basic structure of the Constitution and are inviolable. The Court interpreted Article 13 of the Constitution, which states that any law that takes away or abridges the fundamental rights is void. The Court held that the term "law" in Article 13 includes constitutional amendments as well. Therefore, any amendment that affects the fundamental rights would be void under Article 13.

This judgment was a significant milestone in the protection of individual rights against legislative encroachment. It established the principle that the fundamental rights are sacrosanct and cannot be amended by the Parliament. However, this judgment was later overruled by the 24th Amendment Act of 1971, which gave the Parliament the power to amend any part of the Constitution, including the fundamental rights.

Despite being overruled, the Golaknath case remains a landmark judgment in the history of the Indian Constitution. It highlighted the importance of judicial review and the role of the judiciary in protecting the fundamental rights of individuals. The case also paved the way for the development of the doctrine of the basic structure of the Constitution, which was later established in the Kesavananda Bharati case.

Understanding the Golaknath case is crucial for students preparing for competitive examinations such as the UPSC Civil Services, State PSC, and CLAT. It is an important case that deals with the fundamental principles of the Indian Constitution and the protection of individual rights.

Option Analysis:
  • Option A: This option is correct. The Golaknath vs State of Punjab case is a landmark judgment that established the principle that fundamental rights are inviolable and cannot be amended by the Parliament. The Supreme Court held that the Parliament cannot amend the fundamental rights under Article 13 of the Constitution.
  • Option B: This option is incorrect. The Keshav Nand Bharati vs Union of India case dealt with the right to property and the validity of the 44th Amendment Act, but it did not establish the inviolability of fundamental rights.
  • Option C: This option is incorrect. The S. R. Bommai vs Union of India case dealt with the issue of the President's rule and the imposition of Article 356 of the Constitution, not the inviolability of fundamental rights.
  • Option D: This option is incorrect. The Prem Singh vs State of Haryana case dealt with the issue of the right to property and the validity of the 9th Schedule of the Constitution, but it did not establish the inviolability of fundamental rights.

Mnemonic: Golaknath: "G" for "Guarding" fundamental rights.

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