Kesavananda Bharathi and others (Petitioner) vs. State of Kerala (Respondent)
The Kesavananda Bharati v. State of Kerala is an important judgment in the Indian constitutional history. This was determined by the Supreme Court of India in 1973 and is commonly known as Basic Structure Doctrine case.
The case revolved around 24th Amendment to the Constitution of India, which intended to curtail Parliament power in amending constitutions. The 42nd Amendment was challenged by Kesavananda Bharti who was the head of Edneer Mutt in Kerala on ground that it violated basic structure doctrine.
In a historic ruling, the supreme court ruled that while parliament had legislative powers, this power was not absolute. The court ruled that there were some fundamental elements of the Constitution which could not be altered or destroyed by amendments. This was meant to avoid any mischievous modification that would hurt the philosophical basis and morality contained in this arrangement ratified by the constitution.While the court did not specify what falls under this ‘basic structure,’ it set out a few principles such as that of supremacy of constitution; republican and democratic form Of government secularism federalism and separation but powers. These principles were considered inviolable.
- Indubitably, the most significant judgment of post-independent India and popularly known as Fundamental Rights case is Kesavananda Bharati & others Versus State of Kerala.
- In this case, the judgment was pronounced by Supreme Court Judges S.M.Mocky J Chief Justice of India HegdeJ Mukherjea and ShehlatJ GroverPerrotessing Doctor ReddyKinkhanneand MathewPalekar BegDvidiedi Chandrachud Iranian Linda Ashley Women Kangaroo Cotton Printe
- It is aptly said that the judgment in present case put an end to clash between executive and judiciary through which democratic system was saved. The final pronouncement in the case was a brutal legal battle between two constitutional giants and eminent jurists N. A Palkhivala (for Petitioners) H M Seervai for State of Kerala). After 68 long days of hearing in the case, a voluminous judgment bound was pronounced on
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’.
Let us learn more about the Kesavananda Bharati Case vs State of Kerala 1973!
Kesavananda Bharati Case vs State of Kerala 1973