72
Act,
1951,
which
had
inserted
article
31B.
In
Shankari Prashad V. Union of India, AIR 1951 SC 458,
the court held that to make a law which contravenes
the constitution constitutionally valid is a matter
of constitutional amendment and as such falls within
the
exclusive
power
of
Parliament.
The
Shankari
Prashad case was revisited in Sajjan Singh V. State
of
Rajasthan,
AIR
1965
SC
845.
The
Constitution
Seventeenth Amendment Act, 1964 had placed a still
larger
number
of
State
enactments
in
the
Ninth
Schedule to obviate a challenge against them as being
in violation of fundamental rights. This amendment to
the
constitution
was
upheld
by
a
Bench
of
five
Judges.
It
was
ultimately
in
Golak
Nath
V.
State
of
Punjab, AIR 1967 SC 1643, where a Bench of eleven
members
considered
fundamental
could
be
rights
abrogated
whether
guaranteed
or
any
in
amended
part
the
by
of
the
constitution
constitutional
amendment. The court by majority viewed that none of
the fundamental rights were amenable to the amending
power of article 368 because an amendment to the