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ACT:
Constitution of India, Arts. 13(2), 368, 245, 248, Schedule
7, List 1. Entry 97-Power to amend Constitution where
resides-Whether resides in Art. 368 or in residuary power of
Parliament under Art. 248 read with Entry 97 List 1-
Fundamental Rights in Part III whether can be amended and
abridged by the procedure in Art. 368-Law' under Art. 13(2)
Whether Includes constitutional amendments-Scheme of
Consitution Fundamental rights whether intended to be
permanent and unamendable-Amendment whether exercise of
sovereign power-Amendment whether a political matter outside
the purview of courts.
Constitution Seventeenth Amendment Act,, 1964-Whether
invalid for contravention of Art. 13(2).
Prospective overruling, doctrine of-Vast agrarian changes
under constitutional amendments-Necessity of preserving past
while protecting future decisis.
Punjab Security of Land Tenures Act, 1953 (Act 10 of 1953)-
Mysore Land Reforms Act (Act 10 of 1962) as amended by Act
14 of 1965-Acts contravening fundamental rights-Whether
valid.
HEADNOTE:
The validity of the Punjab Security of Land Tenures Act,
1953 (Act 10 of 1953) and of the Mysore Land Reforms Act
(Act 10 of 1962) as amended by Act 14 of 1965 was challenged
by the petitioners under Art. 32 of the Constitution. Since
these Acts were included in the 9th Schedule to the
Constitution by the Constitution (Seventeenth) Amendment
Act, 1964, the validity of the said Amendment Act was also
challenged. In this connection it was urged that Sankari
Prasad's case in which the validity of the constitution
(First) Amendment Act, 1951 had been upheld and Sajjan
Singh's case in which the validity of the Constitution
(Seventeenth) Amendment Act, 1964, had been upheld by this
Court, had been wrongly decided. It was contended that
Parliament had no power to amend fundamental rights in
Part III of the Constitution.
HELD: Per Subba Rao, C.J., Shah, Sikri, Shelat and
Vaidialingam, JJ. (Hidayatullah, J. Concurring) :
Fundamental Rights cannot be abridged or taken away by the
amending procedure in Ail. 368 of the Constitution. An
amendment to the Constitution is 'law' within the meaning of
Art. 13(2) and is therefore subject to Part III of the
Constitution. Sri Sankari Prasad Singh Deo v. Union of India
JUDGMENT:
(i) Fundamental rights are the primordial rights necessary for the development of human personality. They are the rights which enable a man to chalk out his own life in the manner he likes best. Our Constitution, in addition to the well-known fundamental rights, also included the rights of minorities and other backward communities in such rights. [789 E] The fundamental rights are given a transcendental position under our Constitution and are kept beyond the reach of Parliament. At the same time Parts III and IV of the Constitution constituted an integrated scheme forming a self contained code. The scheme is made so elastic that all the Directive Principles of State Policy can reasonably be enforced without taking away or-abridging the fundamental rights. While recognisingthe immutability of the fundamental rights, subject to social control the Constitution itself provides for the suspension or the modification of fundamental rights under specific circumstances, as in Arts. 33, 34 and 35.