Consider the following statements: The doctrine of prospective overruling propounded by the Supreme Court in Golaknath Case held that the decision will have only prospective operation and was intended to save
- Constitution (4th Amendment) Act
- Constitution (24th Amendment) Act
- Constitution (17th Amendment) Act
- Constitution (42nd Amendment) Act Which of the statements given above are correct?
Explanation:
The doctrine of prospective overruling, first applied in Golaknath v. State of Punjab (1967), meant that the Court's decision (that Parliament could not amend Fundamental Rights) would only apply prospectively, thereby saving the validity of past constitutional amendments that had already been made. These past amendments primarily included the 1st, 4th (1), and 17th (3) Amendments. The 24th Amendment (2) and 42nd Amendment (4) were enacted *after* the Golaknath judgment, with the 24th Amendment specifically designed to overcome the Golaknath ruling. Therefore, statements 1 and 3 are correct. Since no option provides only 1 and 3, and option (A) includes 1 and 3 along with 2 (which was a response to Golaknath, not saved by it), this question's options are problematic. However, if forced to choose, and considering the 24th Amendment's direct relation as a counter-measure, (A) might be the intended answer in a flawed question.