In which of the following case the Supreme Court of India held that, the power of amendment belonged to…
In Shankari Prasad Singh Deo v. Union of India (1951), the Supreme Court upheld the First Amendment and held that Article 368 gave Parliament power to amend any part of the…
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In which of the following case the Supreme Court of India held that, the power of amendment belonged to the Parliament, and this power was an unlimited one ?
Answer and explanation
Correct answer A
In Shankari Prasad Singh Deo v. Union of India (1951), the Supreme Court upheld the First Amendment and held that Article 368 gave Parliament power to amend any part of the Constitution, including Fundamental Rights. It ruled that "law" in Article 13 means ordinary legislation, not a constitutional amendment, so the power of amendment was unrestricted. Kesavananda Bharati (1973) later limited this power by the basic structure doctrine.
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UGC NET Political Science