Sankari Prasad Vs Union of India
Citation: Shankari Prasad v. Union of India, 1951 AIR 458, 1952 SCR 89
Eligibility: The case was filed to challenge the constitutional validity of the First Amendment to the Constitution of India, which curtailed the right to property under Article 31 and introduced Articles 31A and 31B.
Facts: The First Amendment Act, 1951, aimed to empower the state to undertake land reforms and curb the zamindari system. Sankari Prasad, a zamindar, challenged the amendment, arguing that it abridged his fundamental rights under Part III of the Constitution. He contended that Parliament did not have the authority to amend fundamental rights.
Issues:
1. Whether Parliament’s power to amend the Constitution under Article 368 included the power to amend fundamental rights.
2. Whether the First Amendment violated the fundamental rights guaranteed under Articles 13 and 31.
Relevant Articles:
● Article 13: Laws inconsistent with or in derogation of fundamental rights
● Article 31: Right to property
● Article 368: Power of Parliament to amend the Constitution
Judgment: The Supreme Court upheld the validity of the First Amendment. The key findings were:
● Supremacy of the Amending Power: The Court ruled that Article 368 conferred upon Parliament the power to amend any part of the Constitution, including fundamental rights.
● Article 13 Interpretation: The Court clarified that the term "law" in Article 13 did not include constitutional amendments. Therefore, amendments to the Constitution could not be challenged for violating fundamental rights.
Conclusion: The judgment upheld the constitutionality of the First Amendment and established the doctrine that constitutional amendments were not subject to judicial review on the grounds of violating fundamental rights.
-SAKSHI
DNLU, Jabalpur
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