Introduction
The Kesavananda Bharati case (1973) stands as one of the most significant judgments in Indian constitutional history. This landmark decision established the “Basic Structure Doctrine,” which limits Parliament’s power to amend the Constitution. Here’s everything you need to know about this pivotal case.
Quick Facts
- Citation: AIR 1973 SC 1461; (1973) 4 SCC 225
- Date of Decision: April 24, 1973
- Bench Strength: 13 Judges
- Majority Decision: 7:6 ratio
- Chief Petitioner: His Holiness Kesavananda Bharati Sripadagalvaru
Background of the Case
In 1970, Kesavananda Bharati, head of a Hindu monastery in Kerala, challenged the Kerala government’s attempts to impose restrictions on the management of religious property under the Kerala Land Reforms Act, 1963. During the case proceedings, the scope expanded significantly when the constitutional validity of several amendments (24th, 25th, and 29th) came into question.
Key Issues Before the Court
The primary question before the Supreme Court was fundamental: Does Parliament have unlimited power to amend the Constitution under Article 368, or are there inherent limitations?
Also Read: Uniform Civil Code: A Simple Guide to What It Really Means
The Landmark Judgment
After 68 days of hearings, the Supreme Court delivered its historic verdict, establishing that:
- Parliament can amend any part of the Constitution
- However, Parliament cannot alter the “Basic Structure” of the Constitution
- The 24th, 25th, and 29th Amendment Acts were held valid
- The Preamble is part of the Constitution but neither a source of power nor a limitation
What Constitutes the Basic Structure?
The Supreme Court identified several essential features that form the Basic Structure:
- Constitutional Supremacy
- Republican and Democratic form of government
- Secular character of the Constitution
- Separation of Powers
- Federal character of the Constitution
- Independence of Judiciary
- Fundamental Rights
- Unity and integrity of the nation
- Free and fair elections
- Welfare State principles
Impact and Significance
This judgment serves as a cornerstone of Indian constitutional law by:
- Protecting fundamental constitutional values from legislative overreach
- Establishing judicial review as a permanent feature
- Creating a balance between parliamentary power and constitutional integrity
- Setting a precedent followed in numerous subsequent cases
Frequently Asked Questions
1. Can Parliament amend the Basic Structure of the Constitution?
No, Parliament cannot amend or alter the Basic Structure of the Constitution as established in the Kesavananda Bharati case. Any amendment attempting to modify these fundamental features would be struck down as unconstitutional.
2. What was the primary difference between the Golak Nath case and Kesavananda Bharati case?
While the Golak Nath case (1967) completely prohibited amendments to Fundamental Rights, the Kesavananda Bharati case allowed amendments but introduced the concept of Basic Structure as an limitation on Parliament’s amending power.
3. How does the Basic Structure Doctrine protect democracy?
The doctrine acts as a safeguard against potential legislative overreach by ensuring that essential democratic features like free elections, judicial independence, and fundamental rights cannot be eliminated through constitutional amendments.
In Conclusion
The Kesavananda Bharati case represents a delicate balance between preservation and progress in constitutional law. It ensures that while the Constitution can evolve with time, its foundational principles remain protected. This judgment continues to guide constitutional interpretation and remains relevant in contemporary legal discourse.
Reference: supremecourtofindia
