MANISH
Judgement on Amenability of Fundamental Rights
MANISH KUMAR VATS 17 Apr 2020

Judgement on Amenability of Fundamental Rights

Amendability of Fundamental Rights

 

 

Shankari Prasad v. Union of India , [1952] SCR 89 (1951): This

case dealt with the amendability of Fundamental Rights

(the First Amendments validity was challenged).

•   The SC  Court held that the power conferred on Parliament by Art. 368 to amend is a very wide power and includes the power to take away the fundamental rights guaranteed by Part III. , and

 

•  that in the context of Art. 13 (2), "law" must be taken to mean   rules or  regulations made in exercise of ordinary legislative power and not amendments to the constitution made in the exercise of constituent power with      the  result thaArt. 13(2) does not affect amendments made under Art. 368.

 This view was reiterated in Sajjan Singh vs State Of

Rajasthan, AIR 1965 SC 845

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