Shankari prasad case 1951
Shankari Prasad Case (1951) – A Detailed Analysis The Shankari Prasad Singh Deo v. Union of India (1951) case was the first major constitutional case in independent India concerning the power of Parliament to amend the Constitution, particularly regarding Fundamental Rights. --- Background of the Case The Indian Constitution came into force on 26th January 1950, granting citizens Fundamental Rights under Part III of the Constitution. To implement land reforms and abolish the Zamindari system, the government introduced the First Amendment Act, 1951, which modified property rights. The amendment added Articles 31A and 31B to protect land reform laws from being challenged under Fundamental Rights in courts. Shankari Prasad, a landowner, challenged the validity of the amendment, arguing that Parliament had no power to amend Fundamental Rights, as it would violate the essence of the Constitution. --- Legal Issues Involved The case raised two important legal questions: 1. Does Parliamen...