Kesavananda Bharati case is a landmark judgment in Indian constitutional law
It was decided by the Supreme Court of India on April 24
It has had far-reaching implications for Indian constitutional law1973
The Kesavananda Bharati case is a landmark judgment in Indian constitutional law that profoundly influenced the interpretation and evolution of the Constitution of India. It is officially known as Kesavananda Bharati vs. State of Kerala, and it was decided by the Supreme Court of India on April 24, 1973.
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The case revolved around the interpretation of the scope and extent of the amending power of the Indian Parliament under Article 368 of the Constitution. Specifically, it questioned whether Parliament could amend any part of the Constitution, including fundamental rights, without any limitations.
The petitioner, Kesavananda Bharati, challenged the validity of the 24th Amendment Act of 1971, which sought to abridge the scope of judicial review and restrict the power of the courts to review constitutional amendments. He argued that Parliament’s power to amend the Constitution was not unlimited and could not alter its basic structure, which includes principles such as federalism, secularism, democracy, and the rule of law.
In its historic ruling, the Supreme Court held by a narrow majority of 7-6 that while Parliament has the power to amend the Constitution, it cannot alter its basic structure. This principle, known as the “basic structure doctrine,” established that certain core principles of the Constitution are inviolable and beyond the reach of parliamentary amendments.
The Kesavananda Bharati case has had far-reaching implications for Indian constitutional law and governance. It has served as a bulwark against potential abuse of power by the legislative branch and has safeguarded fundamental rights and constitutional principles from arbitrary amendment. The judgment has been cited in numerous subsequent cases and continues to shape the jurisprudence of the Indian judiciary.
Kesavananda Bharati case is a landmark judgment in Indian constitutional law
It was decided by the Supreme Court of India on April 24
It has had far-reaching implications for Indian constitutional law1973
The Kesavananda Bharati case is a landmark judgment in Indian constitutional law that profoundly influenced the interpretation and evolution of the Constitution of India. It is officially known as Kesavananda Bharati vs. State of Kerala, and it was decided by the Supreme Court of India on April 24, 1973.
Also Read: If PM Modi has the courage to stay true to his beliefs, then kudos: Laura Dutta
The case revolved around the interpretation of the scope and extent of the amending power of the Indian Parliament under Article 368 of the Constitution. Specifically, it questioned whether Parliament could amend any part of the Constitution, including fundamental rights, without any limitations.
The petitioner, Kesavananda Bharati, challenged the validity of the 24th Amendment Act of 1971, which sought to abridge the scope of judicial review and restrict the power of the courts to review constitutional amendments. He argued that Parliament’s power to amend the Constitution was not unlimited and could not alter its basic structure, which includes principles such as federalism, secularism, democracy, and the rule of law.
In its historic ruling, the Supreme Court held by a narrow majority of 7-6 that while Parliament has the power to amend the Constitution, it cannot alter its basic structure. This principle, known as the “basic structure doctrine,” established that certain core principles of the Constitution are inviolable and beyond the reach of parliamentary amendments.
The Kesavananda Bharati case has had far-reaching implications for Indian constitutional law and governance. It has served as a bulwark against potential abuse of power by the legislative branch and has safeguarded fundamental rights and constitutional principles from arbitrary amendment. The judgment has been cited in numerous subsequent cases and continues to shape the jurisprudence of the Indian judiciary.
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