SAJJAN SINGH versus STATE OF RAJASTHAN

SAJJAN SINGH versus STATE OF RAJASTHAN

The Constitution (Seventeenth Amendment) Act, 1964 is valid. The main part and proviso of Article 368 must be harmonized, and as the amendment's effect on Article 226 is incidental and insignificant, ratification by States under the proviso is not required. The power to amend the Constitution under Article 368 includes amending fundamental rights and does not require separate compliance with Article 13(2). Parliament was not making land legislation but validating existing State laws.

Parties
Petitioner: Sajjan Singh; Respondent: State of Rajasthan; Intervener: Union of India; Intervener: Intervener No. 1; Intervener: Intervener No. 2; Respondent: Respondent No. 2 (WP Nos. 81 & 82/1964); Intervener: Intervener No. 3
Jurisdiction
India
Judgment Date
30 October 1964
Procedural Posture
Writ Petition Under Article 32 / Final Judgment of Supreme Court
Outcome
Petitions dismissed
Legal Topics
Amendment of Constitution, Fundamental Rights, Ninth Schedule, Judicial Review
Constitutional Law Amendment of Constitution Fundamental Rights Ninth Schedule Judicial Review

Case Brief

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Parties

Sajjan Singh

Petitioner

State of Rajasthan

Respondent

Union of India

Intervener

Intervener No. 1

Intervener

Intervener No. 2

Intervener

Respondent No. 2 (WP Nos. 81 & 82/1964)

Respondent

Intervener No. 3

Intervener

Procedural Posture

Writ Petition Under Article 32 / Final Judgment of Supreme Court

Legal Issues

  1. 1 Whether the Constitution (Seventeenth Amendment) Act, 1964 is constitutionally valid.
  2. 2 Whether amendment of fundamental rights under Article 368 requires ratification by States under the proviso to Article 368.
  3. 3 Whether the term 'law' in Article 13(2) includes constitutional amendment acts.

Ratio Decidendi

The Constitution (Seventeenth Amendment) Act, 1964 is valid. The main part and proviso of Article 368 must be harmonized, and as the amendment's effect on Article 226 is incidental and insignificant, ratification by States under the proviso is not required. The power to amend the Constitution under Article 368 includes amending fundamental rights and does not require separate compliance with Article 13(2). Parliament was not making land legislation but validating existing State laws.

Court Disposition

Petitions dismissed