Golaknath v State of Punjab

Supreme Court of IndiaAIR 1967 SC 1643

Bench: Subba Rao CJ (for majority), Shah J, Sikri J, Shelat J, Vaidyalingam J (majority 6:5); Wanchoo J, Hidayatullah J, Bachawat J, Ramaswami J, Bhargava J (dissent)

Parliament has no power to amend Part III of the Constitution to take away or abridge Fundamental Rights. Constitutional amendments are "laws" within Article 13 and if they abridge fundamental rights they are void. The decision was given prospective overruling effect to avoid upsetting past amendments.