I.C. Golaknath v. State of Punjab Golaknath
AIR 1967 SC 1643; (1967) 2 SCR 762 · Supreme Court of India · 1967
PrincipleFundamental rights were held beyond Parliament's amending power - superseded by the basic structure doctrine.
Facts
The Golaknath family challenged the Punjab Security of Land Tenures Act, included in the Ninth Schedule by the 17th Amendment, arguing that the amendment abridged their fundamental rights to property.
Held
By 6 to 5 the court held that an amendment under Article 368 is 'law' within Article 13(2), so Parliament has no power to amend Part III so as to take away or abridge fundamental rights. Applying the doctrine of prospective overruling, earlier amendments were left undisturbed and the ruling operated only for the future. Shankari Prasad and Sajjan Singh were overruled.
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