Sajjan Singh case

Polity & Governance glossary

Also called: Sajjan Singh v. State of Rajasthan (1965) · Topic: Amendment of the Constitution and the Basic Structure · NCERT: Beyond NCERT

Meaning

The Sajjan Singh case (1965) was a Supreme Court judgment that upheld the 17th Amendment (1964). It confirmed that Parliament can amend fundamental rights under Art. 368, following Shankari Prasad (1951). The case matters because two judges, Justices Hidayatullah and Mudholkar, raised doubts that later grew into the basic structure idea.

Example

Justice Mudholkar asked a key question. Is changing the Constitution's "basic features" really an amendment, or is it rewriting the Constitution? This question was the seed of the basic structure doctrine. Kesavananda Bharati (1973) later adopted that doctrine.

Don't confuse with

  • Golaknath case (1967): it took the opposite view. It held that Parliament cannot take away fundamental rights by amendment.
  • Shankari Prasad case (1951): it reached the same result as Sajjan Singh, but it upheld the 1st Amendment and did not doubt Parliament's power.

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