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Q.4
Constitutional Law Medium Knowledge-Based
Bare Act Constitution of India · Article 13(2) / Golak Nath case

In which one of the following cases the Supreme Court decided that, a constitutional amendment is a ‘law’ within the meaning of Article 13(2) and therefore if it violates any of the fundamental rights it may be declared void?

A Sajjan Singh v. State of Rajasthan
B Keshuananda Bharati v. State of Kerala
C lndra Sawhnetj v. Union of India
Golak Nath v. State of Punjab Answer
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Explanation & Strategy

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In Golak Nath v. State of Punjab (1967), the SC by a 6:5 majority held that a constitutional amendment is 'law' within Article 13(2), so if it violates fundamental rights, it can be declared void. This was later effectively overruled by Kesavananda Bharati (1973) which held amendments are valid unless they damage the basic structure.

At a Glance
Subject Constitutional Law
Difficulty Medium
Act Constitution of India
Section Article 13(2) / Golak Nath case
Answer (D) Knowledge-Based
Paper AIBE XVII — February 2023
Progress in Paper
Q.4 100 questions

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