Kesavananda Bharati v. State of Kerala

Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973 

By : Law Junction

CASE NO.: Writ Petition (civil)  135 of 1970

PETITIONER:

Kesavananda Bharati Sripadagalvaru and Ors.

RESPONDENT:

State of Kerala and Anr.

DATE OF JUDGMENT: 24/04/1973

The kesavananda Bharati case was heard by a bench of 13 judges of the Supreme Court of India. 

The bench comprised of Chief Justice S. M. Sikri , Justice J.M.Shelat , Justice K.S. Hegde , Justice A.N.Grover , Justices A.N. Ray , Justice P. Jaganmohan Reddy , Justice D.G. Palekar , Justice H.R. Khanna , Justice K.K. Mathew , Justice M.H. Beg , Justice S.N. Dwivedi , Justice A.K. Mukherjee and Justice Y.V. Chandrachud.

Kesavananda Bharati v. State of Kerala, often referred to as the Kesavananda Bharati case, is one of the most significant and landmark judgments in the history of the Supreme Court of India. It was decided on April 24, 1973. It dealt with the power of the Indian Parliament to amend the Constitution and the concept of the "Basic Structure" of the Constitution. 

Here's a detailed explanation of the case .

Background:

The case was filed by Kesavananda Bharati, the head of the Edneer Mutt, a Hindu religious institution in the state of Kerala, India. The case challenged the constitutional validity of certain provisions of the 24th Amendment Act and the 25th Amendment Act to the Indian Constitution, which were passed by the Parliament of India during the early 1970s. These amendments were related to the power of the Parliament to amend the Constitution and the acquisition of private property.

                        The main issue before the court was whether the Parliament had the power to amend any part of the Indian Constitution, including the fundamental rights, to the extent that it could even alter the basic structure of the Constitution.

The Doctrine of Basic Structure:

In its landmark ruling, the Supreme Court held that while the Parliament had the power to amend the Constitution under Article 368, this power was not absolute. The court established the Doctrine of Basic Structure, which essentially means that the Parliament can amend the Constitution, but it cannot alter its basic structure or its essential features.

                            The court did not explicitly define the basic structure in the judgment, but it identified certain key features that form part of the basic structure. Some of these features include:

1. Supremacy of the Constitution.

2. Republican and democratic form of government.

3. Secularism.

4. Separation of powers between the legislature, executive, and judiciary.

5. Federal character of the Constitution.

6. Protection and enforcement of fundamental rights.

Significance:

The Kesavananda Bharati case is a landmark judgment because it established the supremacy of the Constitution and the rule of law. It limited the Parliament's amending power and protected the core principles and values enshrined in the Indian Constitution from being altered or destroyed through the amendment process.

                                                            This decision has had a profound impact on Indian constitutional law and has been cited in numerous subsequent cases to protect the basic structure of the Constitution. It is considered a significant check on the power of the Indian Parliament and has played a crucial role in maintaining the democratic and federal character of the Indian Constitution.

The Outcome:

The Supreme Court upheld the validity of the 24th Amendment Act and the 25th Amendment Act. However, it also ruled that while the Parliament had the power to amend the Constitution, it could not use this power to damage or destroy the Constitution's Basic Structure.

                                                    This judgment marked a significant turning point in Indian constitutional history. It firmly established the principle that the Constitution is above the Parliament and that certain core principles and values of the Constitution are beyond the reach of the amending power. The Doctrine of Basic Structure acts as a check on the power of the Parliament and ensures the continuity and stability of India's constitutional framework.

                    The Kesavananda Bharati case has been cited in numerous subsequent cases and has influenced various constitutional interpretations. It continues to be a bedrock of Indian constitutional jurisprudence and has shaped the development of the Indian legal system.

The article by : LawJunction