The Golaknath Case (1967) was a historic Supreme Court judgment that ruled that Parliament cannot amend Fundamental Rights. This case was a turning point in Indian constitutional history and directly led to the Kesavananda Bharati Case (1973), which introduced the Basic Structure Doctrine.
1. Background of the Golaknath Case
🔹 The case was filed by Henry and William Golaknath, a family from Punjab who owned agricultural land.
🔹 The Punjab Land Reforms Act (1953) limited the amount of land a person could own.
🔹 The Golaknath family challenged this law, arguing that it violated their Fundamental Right to Property (Article 19 & 31).
🔹 The main legal issue was:
- Can Parliament amend Fundamental Rights under Article 368?
2. Constitutional Provisions Involved
| Article | Provision |
|---|---|
| Article 13 | Laws violating Fundamental Rights are unconstitutional. |
| Article 19 | Right to Freedom (including property rights). |
| Article 31 | Right to Property (removed in 1978). |
| Article 368 | Power of Parliament to amend the Constitution. |
3. Supreme Court Judgment in Golaknath Case
🟢 Judgment Date: February 27, 1967
🟢 Bench Strength: 11 Judges (Second-largest bench in Indian history)
🟢 Majority Decision: 6:5 (Very close decision)
The Supreme Court ruled that:
✅ Parliament cannot amend Fundamental Rights.
✅ Fundamental Rights are outside the scope of Article 368 (Amendment Powers).
✅ Article 368 only gives Parliament the procedure to amend the Constitution, not unlimited power.
✅ Fundamental Rights can only be changed through a new Constituent Assembly, not Parliament.
4. Impact of the Golaknath Case
🔹 Restricted Parliament’s Power – Stopped it from amending Fundamental Rights.
🔹 Led to the 24th Amendment (1971) – Parliament reacted by passing this amendment, giving itself power to amend Fundamental Rights.
🔹 Directly influenced the Kesavananda Bharati Case (1973) – This case later introduced the Basic Structure Doctrine.
5. Related Supreme Court Cases
| Case | Year | Significance |
|---|---|---|
| Shankari Prasad Case | 1951 | Parliament can amend Fundamental Rights. |
| Sajjan Singh Case | 1965 | Reaffirmed Parliament’s power to amend. |
| Golaknath Case | 1967 | Ruled that Parliament cannot amend Fundamental Rights. |
| Kesavananda Bharati Case | 1973 | Overruled Golaknath and introduced Basic Structure Doctrine. |
| Minerva Mills Case | 1980 | Strengthened the Basic Structure Doctrine. |
6. Important Articles Related to the Golaknath Case
| Article | Provision |
|---|---|
| Article 13 | Laws violating Fundamental Rights are unconstitutional. |
| Article 19 | Right to Freedom (including property). |
| Article 31 | Right to Property (removed in 1978). |
| Article 368 | Power of Parliament to amend the Constitution. |
| 24th Amendment | Overruled Golaknath Case, allowing Parliament to amend Fundamental Rights. |
7. MCQs on Golaknath Case
1. What was the main issue in the Golaknath Case?
a) Right to vote
b) Power of Parliament to amend Fundamental Rights
c) Reservation policy
d) Presidential powers
✅ Answer: b) Power of Parliament to amend Fundamental Rights
2. What was the Supreme Court’s ruling in the Golaknath Case?
a) Parliament can amend any part of the Constitution
b) Fundamental Rights cannot be amended by Parliament
c) The President can amend Fundamental Rights
d) Parliament has unlimited power under Article 368
✅ Answer: b) Fundamental Rights cannot be amended by Parliament
3. How many judges were on the Supreme Court bench in the Golaknath Case?
a) 7
b) 9
c) 11
d) 13
✅ Answer: c) 11
4. Which amendment was passed to overrule the Golaknath Judgment?
a) 24th Amendment
b) 39th Amendment
c) 42nd Amendment
d) 44th Amendment
✅ Answer: a) 24th Amendment
5. Which article of the Constitution provides for the amendment process?
a) Article 13
b) Article 19
c) Article 32
d) Article 368
✅ Answer: d) Article 368
6. In which case was the Golaknath judgment overruled?
a) Shankari Prasad Case
b) Sajjan Singh Case
c) Kesavananda Bharati Case
d) Minerva Mills Case
✅ Answer: c) Kesavananda Bharati Case
7. What was the Supreme Court’s verdict ratio in the Golaknath Case?
a) 5:4
b) 6:5
c) 7:6
d) 9:2
✅ Answer: b) 6:5
8. Which fundamental right was primarily challenged in the Golaknath Case?
a) Right to Equality
b) Right to Property
c) Right to Freedom of Speech
d) Right to Vote
✅ Answer: b) Right to Property
8. Conclusion
The Golaknath Case (1967) was a milestone in Indian constitutional law, as it attempted to protect Fundamental Rights from parliamentary amendments. However, Parliament responded with the 24th Amendment (1971), leading to the Kesavananda Bharati Case (1973), which introduced the Basic Structure Doctrine.
For competitive exams, understanding the judgment, impact, and related cases is essential. Stay updated with recent constitutional amendments and Supreme Court rulings to enhance your preparation! ✅📚
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