Introduction
On October 5, 1951, the Supreme Court of India delivered its landmark judgment on the constitutional validity of the First Constitution (Amendment) Act, 1951, in the case of Shankari Prasad Case.This judgement extended beyond legal interpretation and became a pivotal moment in defining India’s democratic values, especially in relation to Articles 31A and 31B.”This landmark judgment tested whether Parliament has the power to amend the Constitution, including the Fundamental Rights under Article 368, and whether such amendments are barred by Article 13(2).
Shankari Prasad Case Facts and Procedural Background
After India got independence, the government introduced land reform laws to abolish the zamindari system and redistribute land to peasants. To implement these reforms, several states, including Bihar, Uttar Pradesh, and Madhya Pradesh, enacted Zamindari Abolition Acts.”
However, zamindars (landowners) challenged these laws in court, claiming they infringed upon their fundamental right to property, as guaranteed under Part III of the Constitution. The Patna High Court ruled that the Bihar Land Reforms Act was unconstitutional, while the Allahabad and Nagpur High Courts upheld similar laws in their respective states.
To resolve these legal disputes, the central government introduced the First Constitutional Amendment Act, 1951, which added Articles 31A and 31B to protect land reform laws from judicial review. The petitioners argued that the amendment curtailed the fundamental rights, violated Article 13(2), and that the Provisional Parliament did not have the power to enact it under Article 368.
Questions to be considered in Shankari Prasad Case
The Court framed several important questions regarding constitutional amendments:
- Was the First Constitutional Amendment Act, 1951 constitutional?
- Could the Provisional Parliament amend the Constitution under Article 368?
- Did Article 13(2) prevent Parliament from amending the Fundamental Rights?
- Were Articles 31A and 31B invalid because of their effect on land laws?
- Did the President exceed his powers under Article 392 by adopting Article 368?
Supreme Court Analysis and Judgment
Parliament’s Power to Amend the Constitution
The Supreme Court held that Parliament has full power to amend any part of the Constitution, including the Fundamental Rights, under Article 368. The Court upheld the constitutional validity of the First Constitution (Amendment) Act, 1951, affirming Parliament’s authority to enact such amendments. The Court emphasized that Article 368 outlines a well-defined amendment process, requiring approval from both Houses of Parliament before enactment.
Article 13(2) does not prohibit amendments
The petitioners contended that Article 13(2) restricts laws that diminish fundamental rights, including constitutional amendments. However, the Court dismissed this argument.
The Court drew a clear distinction between ordinary legislative enactments and constitutional amendments, ruling that Article 13(2) applies exclusively to laws enacted under Parliament’s legislative authority, not to constitutional amendments made through Article 368.
Consequently, the Court upheld the constitutionality of the First Amendment Act, affirming that its impact on fundamental rights did not render it invalid.
Validity of Articles 31A and 31B
The Court held that Articles 31A and 31B did not require ratification under Article 368, as they did not alter the powers of the High Courts under Article 226 or the Supreme Court under Articles 132 and 136. Instead, they merely excluded certain cases from the purview of Part III of the Constitution.
Powers of the Provisional Parliament and Presidential Adaptations
The petitioners argued that the Provisional Parliament lacked amending powers and that the president’s adaptation of Article 368 was illegal. The Court disagreed and ruled that the words “all the powers conferred by the provisions of this Constitution on Parliament” in Article 379 were broad enough to include the power to amend the Constitution under Article 368. The fact that the provisional Parliament consisted of a single chamber did not limit its authority to amend the Constitution.
The court upheld the validity of the Constitution (Removal of Difficulties) Order No. 2, which was issued by the President under Article 392. The Court reasoned that Article 392 allowed the President to adapt provisions of the Constitution to remove difficulties, including modifying Article 368 to suit the provisional Parliament.
Composition of the Bench
The case was decided by a five-judge bench consisting of:
- Chief Justice Hiralal Kania
- Justice M. Patanjali Shastri (author of the judgment)
- Justice B.K. Mukherjee
- Justice Sudhi Ranjan Das
- Justice N. Chandrasekhar Aiyar
Key Takeaways:
- Parliament can amend the Fundamental Rights under Article 368.
- Article 13(2) does not limit the power of Parliament to amend the Constitution.
- A Constitution Amendment Act is not included in the law under Article 13.
- Articles 31A and 31B are valid, which protect land reform laws from judicial review.
- The Provisional Parliament had full amending power under Article 379.
- The President legally adopted Article 368 under Article 392.
Citations and References
Title of Judgment: Shri Shankari Prasad Singh Deo v. Union of India and State of Bihar
Citation: 1951 SCR 89
Date of Judgment: October 5, 1951
Bench: Five-judge bench headed by Chief Justice Hiralal Kania
Conclusion : Impact of the Shankari Prasad Judgment
“This decision of the Supreme Court was a turning point in the evolution of the Indian Constitution. It made it clear that the constitutional amendment process can affect fundamental rights and is not barred by Article 13(2). This judgment set a precedent for future constitutional debates, influencing landmark judgements such as Golaknath (1967) and Kesavananda Bharati (1973), which further examined the scope of constitutional amendments and fundamental rights.
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