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Shankari Prasad v. Union of India, 1952

Shankari Prasad v. Union of India, 1952

Issue :

Whether the Constitution (First Amendment) Act 1951, which was passed by the provisional Parliament to insert articles 31A and 31B, is ultra vires and unconstitutional?

Judgment:

“In the context of article 13, “law” must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the Constitution made in exercise of constituent power, with the result that article 13(2) does not affect amendments made under article 368.”

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