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| In which of the following case, the Supreme Court of India ruled that the Parliament cannot amend the Fundamental Rights? |
Minerva Mills case Golak Nath Case Keshvananda Bharti Case Maneka Gandhi Case |
| Golak Nath Case |
| In Golaknath case, the court reversed its earlier stance that the Fundamental Rights can be amended. It said that Fundamental Rights are not amenable to the Parliamentary restriction as stated in Article 13 and that to amend the Fundamental rights a new Constituent Assembly would be required. Also stated that Article 368 gives the procedure to amend the Constitution but does not confer on Parliament the power to amend the Constitution. This case conferred upon Fundamental Rights a ‘transcendental position’. The majority judgement called upon the concept of implied limitations on the power of the Parliament to amend the Constitution. As per this view, the Constitution gives a place of permanence to the fundamental freedoms of the citizens. |
