KESAVANANDA BHARTI CASE

The Kesavananda Bharati case is a landmark judgment in the

history of Indian constitutional law. It was decided by the
Supreme Court of India on April 24, 1973. The case revolved
around the constitutional validity of the 24th Amendment Act,
1971, which sought to curtail the power of the judiciary to
review constitutional amendments.

Here's an analysis of the Kesavananda Bharati case and its

significance:

Background: The case was filed by Swami Kesavananda

Bharati, the head of a religious institution, challenging the
constitutional validity of the 24th Amendment Act. The
amendment sought to abrogate the basic structure doctrine,
which was propounded by the Supreme Court in an earlier
case.

Basic Structure Doctrine: The concept of the basic structure

doctrine forms the crux of the Kesavananda Bharati case. The
Supreme Court, in this case, held that although Parliament has
the power to amend the Constitution, such power is not
absolute. It recognized that there are certain fundamental
features or basic structure of the Constitution that cannot be
amended.

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Basic Structure: The Supreme Court, in this case, did not
provide an exhaustive list of what constitutes the basic
structure. However, it identified certain principles such as the
supremacy of the Constitution, the rule of law, the separation
of powers, the federal character of the Constitution, and the
protection of fundamental rights as part of the basic structure.

Judicial Review: The Kesavananda Bharati case reinforced the

power of the judiciary to review constitutional amendments.
It held that the amending power of Parliament is not unlimited
and that the judiciary has the authority to examine the
constitutional validity of such amendments. This decision
struck a balance between the powers of the legislature and the
judiciary.

Significance: The judgment in the Kesavananda Bharati case

has had far-reaching implications. It established the concept of
the basic structure doctrine, which acts as a check on the
amending powers of Parliament. It serves as a safeguard to
prevent the arbitrary alteration of the fundamental principles
of the Constitution.

Subsequent Cases: The Kesavananda Bharati case laid the

foundation for subsequent cases where the Supreme Court
upheld the basic structure doctrine. Notable cases include the
Minerva Mills case, the Indira Gandhi v. Raj Narain case, and

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the Supreme Court Advocates-on-Record Association v. Union
of India case.

In summary, the Kesavananda Bharati case is a significant

milestone in Indian constitutional law. It established the basic
structure doctrine and affirmed the power of the judiciary to
review constitutional amendments. This case has played a
crucial role in maintaining the integrity and stability of the
Indian Constitution.

Introduction: The Kesavananda Bharati case marked a

significant turning point in Indian constitutional law. It
centered around the conflict between the powers of the
legislature and the judiciary. It sought to address the question
of whether there are inherent limitations on the amending
power of Parliament.
Facts: The case was filed by Swami Kesavananda Bharati, the
head of the Edneer Mutt in Kerala, India. He challenged the
constitutional validity of the 24th Amendment Act, 1971,
which aimed to curtail the power of the judiciary to review
constitutional amendments.

Issues: The primary issue in the case was whether the

amending power of Parliament under Article 368 of the Indian
Constitution was absolute or subject to limitations. The court
also examined whether the concept of the basic structure of

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the Constitution existed and, if so, whether it could act as a
check on the amending power of Parliament.

Judgment: The Supreme Court, in its landmark judgment on

April 24, 1973, held the following:

a. The amending power of Parliament is not absolute and is

subject to judicial review.
b. There are certain fundamental features or the basic
structure of the Constitution that cannot be amended.
c. The basic structure includes principles such as the
supremacy of the Constitution, the rule of law, the separation
of powers, the federal character of the Constitution, and the
protection of fundamental rights.
d. The 24th Amendment Act was upheld as valid since it did
not violate the basic structure.

Conclusion: The judgment in the Kesavananda Bharati case

had several important implications. It established the concept
of the basic structure doctrine, which acts as a limitation on
the amending power of Parliament. This doctrine protects
fundamental principles of the Constitution and ensures the
stability and integrity of the constitutional framework. The
case reaffirmed the judiciary's role as the guardian of the
Constitution and its authority to review constitutional
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amendments. The judgment also laid the foundation for
subsequent cases, where the Supreme Court upheld the basic
structure doctrine. Overall, the Keshavananda Bharati case
played a pivotal role in shaping Indian constitutional law and
protecting the core values and principles enshrined in the
Constitution.

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