Analysis of the case
The Kesavananda Bharati case is of historical significance in the chronology of Indian constitutional law and has had far reaching repercussions for both interpretation as well as developmental perspectives to be applied toward the Constitution.
Here is an analysis of the key aspects and significance of the case:
- Doctrine of Basic Structure: Perhaps, the biggest contribution made by Kesavananda Bharati case is in recognition and approval of basic structure doctrine. The court concluded that although Parliament may change in the constitution, it cannot do so to alter or abolish its fundamental structure
- Implied Limitations on Amending Power: The judgment noted that there are inherent limitations to the amending nature of Parliament. It was set out that the amending power does not encompass abrogation of the Constitution or altering its basic features.
- Judicial Review of Constitutional Amendments: The case upheld the power of judicature to nullify constitutional amendments against their reaction with basic structure.
- Preservation of Fundamental Rights: The importance of maintaining basic rights as an aspect of the constitutional framework was further founded in this judgment. Under judicial review, amendments that deprive fundamental rights are invalidated.
- Balance of Powers: This case brought out the importance of having a balance between all three branches of government. It stopped the accumulation of too much power in any one branch – well certainly at the expense of judiciary.
- Federal Structure of the Constitution: In the judgment, judiciary recognized federal structure as a part of basic structure. This recognition has meaning in determining the balance between central and state government powers, thus safeguarding federal features of Indian constitution.
- Prospective Overruling: The respondents’ concept of prospective overruling was not accepted entirely.
Kesavananda Bharati Case vs State of Kerala 1973
Kesavananda Bharati Case: The Kesavananda Bharati Case is an important development in India’s constitutional history and also influenced how the Indian Consitution was shaped and interpreted, as well as used. This case which is now known as Kesavananda Bharati Sripadagalvaru and Others vs State of Kerala & Another was decided by the Supreme Court in 1973. The case largely revolved around a basic question of how much Parliament could amend the Constitution, especially as regards its ‘basic structure’.
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