Kesavananda Bharati Case – Judgement
The landmark judgement was delivered on 24th April 1973 by a razor-thin majority of 7: Six among which so many were the case where the majority held that any provisions of Indian Constitution could be amended by Parliament in order to meet its socio-economic obligations as assured to citizens according with Preamble, if such an alteration does not abuse constitution’s fundamental structure. The dissenting minority was cautious in granting unlimited amending power to Parliament.
The court upheld that the 24th Constitutional Amendment was completely valid. However, it held the first clause of the 25th Constitutional Amendment to be intra vires and second part thereof ultra.The court found that although Parliament could seek to amend the Constitution through Article 368, this power was not limitless. The court laid down the principle that there was a structural framework of Constitution, which could not be changed or demolished by alterations.
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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