Kesavananda Bharati Case:
The Kesavananda Bharati v. State of Kerala (1973) case is a landmark judgment in Indian constitutional history. It laid down the Basic Structure Doctrine, which protects the fundamental character of the Constitution against arbitrary amendments by the Parliament. For any UPSC aspirant, understanding this case is essential to grasp the balance between Parliamentary supremacy and constitutional sanctity.
Background of the Case
- Petitioner: His Holiness Kesavananda Bharati, head of the Edneer Mutt (Kerala), challenged the Kerala government’s attempts to impose restrictions on the management of his property under land reform laws.
- Issue: Whether the Parliament had unlimited power to amend any part of the Constitution, including Fundamental Rights.
- Context: Came after the Golaknath case (1967), where the Supreme Court held that Parliament cannot amend Fundamental Rights.
- The case was heard by the largest-ever Constitutional Bench of 13 judges in the Supreme Court.
Key Arguments
Petitioner’s Side
- Parliament cannot amend Fundamental Rights under Article 368.
- There must be limits to amending power to prevent authoritarianism.
Government’s Side
- Parliament has complete power to amend the Constitution including Fundamental Rights.
- Needed for progressive socio-economic reforms like land redistribution.
Judgment of the Supreme Court (1973)
- The Supreme Court gave a historic 7:6 majority verdict.
- It held that Parliament can amend any part of the Constitution, including Fundamental Rights, but cannot alter the ‘Basic Structure’ of the Constitution.
Key Takeaways
- Article 368 does not confer unlimited power to Parliament.
- Introduced the Basic Structure Doctrine – a set of fundamental principles that cannot be amended.
What Constitutes the Basic Structure?
While the Court did not define it exhaustively, it indicated the following as essential:
- Supremacy of the Constitution
- Rule of law
- Judicial review
- Separation of powers
- Federal character
- Secularism
- Democratic and republican form of government
- Free and fair elections
- Independence of judiciary
- Unity and integrity of the nation
Significance of the Kesavananda Bharati Case
Preserved the Sanctity of the Constitution
- Prevents tyranny of majority or constitutional dictatorship.
Balanced Power
- Balanced Parliamentary power and judicial oversight.
Strengthened Judiciary’s Role
- Empowered the judiciary to protect constitutional ethos and citizen rights.
Criticism and Counterpoints
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Pros
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Cons
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Protects Constitution from political misuse
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Judiciary assumed the power to decide “ Basic structure “
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Guards democracy and fundamental rights
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Concept of “ Basic structure “ is not mentioned in Constitution
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Promotes checks and balances
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Subjective and may vary with judges
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Conclusion
The Kesavananda Bharati case remains a pillar of Indian constitutional law. It ensures that while the Parliament has the power to make necessary changes, the core values enshrined in the Constitution remain untouched. It has helped India maintain its democratic framework and constitutional identity even after decades of political change.
