SHANKARI PRASAD VS. UNION OF INDIA, 1952

SHANKARI PRASAD VS. UNION OF INDIA, 1952

Issue

In this case, the First Constitution Amendment Act, 1951 was tested on the ground that it abuses the Part-III of the constitution and subsequently, should be viewed as invalid. Through this revision act, certain laws were brought which were diminishing right to property. For this situation, the contention which was advanced was that according to article 13, no law can encroach or annul basic rights so in what capacity the constitutional correction can disregard it?

JUDGMENT
It was held by the Apex court that the force presented by Constitution under Article 368 to Parliament to alter the laws is exceptionally wide and it likewise incorporates the ability to remove the major rights ensured under Part III of Indian Constitution. Further, the Supreme Court collectively held that “The expressions of article 368 are completely broad and engage Parliament to change the Constitution with no exemption whatever. With regards to article 13, “law” must be interpreted as meaning principles or guidelines made in exercise of common authoritative force and no alterations to the Constitution made in exercise of constituent force, with the outcome that article 13 (2) doesn’t influence revisions made under article 368.”