Authored By: CHIRAG MISHRA
Bharti Vidyapeeth New Law College Pune
Case Title & Citation:–Kesavananda Bharati v. State of Kerala (1973) Cited as: AIR 1973 SC 1461
Court Name & Bench Supreme Court of India Bench: 13-Judge Constitutional Bench (Largestever in Indian judicial history) 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.
Date of Judgment:- April 24, 1973
Parties Involved Petitioner:-Swami Kesavananda Bharati, head of Edneer Mutt, Kerala.Respondent: State of Kerala & others.
Facts of the Case:- Kesavananda Bharati challenged the Kerala Land Reforms Act, 1969, which restricted the management of his religious property. During the proceedings, the case expanded to question Parliament’s power to amend the Constitution after the government had passed several constitutional amendments (24th, 25th, 29th Amendments) curbing judicial review and property rights.
Issues Raised:- Does Parliament have unlimited power to amend the Constitution under Article368? – Can Parliament amend or alter the “basic structure” of the Constitution?
Arguments of the Parties (Petitioner’s Arguments):- Parliament’s power to amend is limited; it cannot destroy the essential features of the Constitution. – Fundamental Rights form part of the basic structure and cannot be abrogated.
(Respondent’s Arguments):- Article 368 gives Parliament absolute power to amend any part of the Constitution. There is no express limitation on amending power, including Fundamental Rights.
Judgment / Final Decision:-The Supreme Court, by a 7:6 majority, held that Parliament can amend any part of the Constitution but cannot alter its “basic structure.” – The 24th and 25th Amendments were upheld with certain restrictions. – The “Basic Structure Doctrine” was established.
Legal Reasoning / Ratio Decidendi:-The Court reasoned that the Constitution derives its authority from the people, not from Parliament. – Parliament’s amending power is limited by the Constitution’s fundamental framework. – “Basic structure” includes elements like the supremacy of the Constitution, separation of powers, rule of law, and judicial review.
Conclusion / Observations:- The case established the Basic Structure Doctrine, protecting India’s democratic foundation.It remains a cornerstone of constitutional jurisprudence and a safeguard against authoritarian amendments.
