Golaknath Versus State of Punjab — An Erroneous Roling
By
K. B. Padia
The historic ruling pronounced by the Supreme Court of India in the case of 1. C. Golaknath v. State of Punjab, AIR 1967 SC 1643 in the matter of the Seventeenth Amendment of the Constitution of India only by a slender majority of one from the bench of eleven judges has a far reaching effect, inasmuch as it has overruled the two previous rulings of that Court in the cases of Shankariprasad Singh v. Union of India, AIR 1951 SC 458 and of Sajjansingh v. State of Rajasthan, AIR 1965 SC 845. Queerly enough, although the ruling has saved from its effect the Seventeenth Amendment itself, it has laid down the law for the future in the matter of the amendments of the Constitution in general and of the articles in Part 3 in particular.
The judgment of the majority, led by Subba Rao C. J. has overlooked the clear provisions of the Article 368, being the one and only article, specially framed for the amendment of the Constitution in Part 20, which too in turn is devised for the amendme ....