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The Two Judgments: Golaknath and Kesavananda Bharati - The purpose of this article is not to criticize the judgment, but to give its effect and the changes it made in the previous constitutional position of fundamental rights.
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The Two Judgments: Golaknath and Kesavananda Bharati* by K. Subba Rao (Ex-Chief Justice of India) Cite as : (1973) 2 SCC (Jour) 1 The purpose of this article is not to criticize the judgment, but to give its effect and the changes it made in the previous constitutional position of fundamental rights. Before considering the effect of the recent judgment, it would be convenient at this stage to notice the scope of Golaknath judgment for two reasons: (1) there is misapprehension as regards the scope of the said decision and (2) it would help to ascertain how far and to what extent, the fundamental freedoms of the people, as recognised by that decision, have been changed by the recent decision. In that case the landlord questioned the constitutional validity of an Act passed by the legislature taking away the fundamental rights in an estate. The Supreme Court dismissed the petition of the...
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