Background

After the Constitution of India came into force in 1950, the government introduced the First Constitutional Amendment Act, 1951. This amendment aimed to place certain restrictions on the right to property and enable land reform laws. Some citizens challenged this amendment, claiming that Parliament had no power to amend Fundamental Rights. This dispute led to the landmark case of Shankari Prasad vs Union of India (1951).

Main Provisions and Key Facts

  1. The petitioner, Shankari Prasad, argued that Fundamental Rights (Part III of the Constitution) cannot be amended under Article 368.
  2. The Union of India contended that the power to amend the Constitution includes the power to amend Fundamental Rights.
  3. The main issue before the Supreme Court was whether the Parliament could amend Fundamental Rights under Article 368.
  4. The Court upheld the validity of the First Constitutional Amendment Act, 1951.
  5. It ruled that the term "law" in Article 13 does not include Constitutional Amendments, meaning Parliament has the power to amend Fundamental Rights.

Significance

  1. This was the first major judgment interpreting the amending power of Parliament.
  2. It established that Constitutional Amendments made under Article 368 cannot be struck down under Article 13.
  3. The case strengthened the supremacy of Parliament in constitutional matters during the early years of the Republic.

Criticism or Limitations

  1. Critics argued that it gave excessive power to Parliament to alter even Fundamental Rights.
  2. Later judgments, such as the Golaknath (1967) and Kesavananda Bharati (1973) cases, revisited and limited this interpretation.

Key Points for Exams

  • Year: 1951
  • Case: Shankari Prasad vs Union of India
  • Issue: Can Parliament amend Fundamental Rights under Article 368?
  • Verdict: Yes, Parliament can amend Fundamental Rights.
  • Related Articles: Article 13 and Article 368
  • Related Amendment: First Constitutional Amendment Act, 1951
  • Bench: 5 judges headed by Chief Justice H.J. Kania

In Short
The Shankari Prasad case (1951) upheld Parliament’s authority to amend the Constitution, including Fundamental Rights. It laid the foundation for future debates on the balance between parliamentary power and individual rights.