Question

Which one of the following cases prompted the Parliament to enact 24^th Constitutional Amendment Act?
1. Golaknath case
2. Minerva Mills case 
3. Kesavananda Bharati case
4. Shankari Prasad case

Answer 1

Correct Answer - Option 1 : Golaknath case

The correct answer is Golaknath case.

• Parliament enacted 24th Constitutional Amendment Act in the year 1971 which enabled Parliament to dilute Fundamental Rights through amendments. 
• This was enacted after a judgement has been passed by SC in Golaknath case in the year 1967 relating to parliaments power to amend the constitution.
  • SC said that Parliament cannot amend Fundamental Rights.
• This amendment gave absolute power to the Parliament of India to amend the constitution.
• It made Article 13 inapplicable to any amendment under Article 368.
• Article 13(4) and 368(3) were inserted through 24th Amendment. Article 13 (4) says “Nothing in this article shall apply to any amendment of this Constitution made under article 368.”

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• Minerva Mills case, 1980
  • Extension to all DPSPs were declared unconstitutional.
• Kesavananda Bharati case, 1973
  • Parliament can amend any part of the constitution but cannot disrupt the basic structure of the constitution.
  • 31C(2) was declared unconstitutional.
  • SC held that Parliament cannot take the power of Judicial Review.
• Shankari Prasad Case, 1951
  • 1st Constitutional Amendment Act was challenged in the court in Shankari Prasad vs. Union of India case.
  • The Supreme Court held that the Parliament has the power to amend any part of the constitution including fundamental rights under Article 368.