Case Name – I.C Golak Nath and Ors vs state of Punjab and Anrs
Citation: 1967 AIR 1643,1967 SCr(2) 762
Bench: Subba Rao(majority)
Introduction: This is the famous case where the “doctrine of prospective over ruling” was drawn out and absolute restrictions of powers of parliament in respect of amendment of fundamental rights.
Facts of the case:
- Golakh Nath and his family had more than 500 acres of land in Punjab. But during then the state government made a legislation named “Punjab Securities and Land tenures act”.
- It was under this that it was told that Golak nath and his family could not hold more than 30 acres of land.
- He filed a writ petition under article 32 challenging the validity of the legislation and that his fundamental right of right to property was being violated.
- Whether parliament has absolute powers to amend fundamental rights under 13(2)?
It was very clear with the then existing political scenario the existing decision of supreme court of giving absolute powers to parliament to amend fundamental rights also was over ruled.
A new concept of prospective over ruling was made. Thus in this decision it was held that parliament had no rights at all to amend the fundamental rights.
However this was later overruled by Keshvanand Bharti case.
Golak Nath and Ors vs state of Punjab and Anrs