Name:Abhishek Sinha

Class: SYBAMMC
DIVISION:B
Name Of The Case: Kesavananda Bharati v. State of Kerala

Kesavananda Bharati v. State of Kerala:

One landmark case in India is the Kesavananda Bharati v. State of Kerala,
which was decided by the Indian Supreme Court on April 24, 1973. This case is
significant because it established the basic structure doctrine, which limits the
power of Parliament to amend the Constitution.

Background
: In 1970, the Kerala government enacted a law that placed restrictions on the
management of Hindu religious institutions. Swami Kesavananda Bharati, the
head of a Hindu monastery, challenged the constitutionality of the law in the
Supreme Court.

Facts about the Case:

Here are some additional facts about the Kesavananda Bharati v. State of Kerala
case:

1. The case was heard by a bench of 13 judges, the largest ever constituted
in the history of the Indian Supreme Court.
2. The hearings in the case spanned over 68 days, making it the longest
hearing in the history of the Indian Supreme Court.
3. The case was heard in the context of the political turmoil that prevailed in
India during the 1970s, including the suspension of civil liberties during
the Emergency period.
4. The lead counsel for Swami Kesavananda Bharati was Nani Palkhivala,
one of India's most renowned lawyers and jurists.
5. The case was a culmination of a series of constitutional challenges to the
power of Parliament to amend the Constitution, including the landmark
cases of Golak Nath v. State of Punjab (1967) and Sajjan Singh v. State
of Rajasthan (1965).
6. The decision in the Kesavananda Bharati case was not unanimous, with
seven judges upholding the basic structure doctrine and six judges
dissenting.
 7. The case established the principle of judicial review in India, which
allows the Supreme Court to strike down laws that are unconstitutional.
8. The basic structure doctrine has been applied in numerous subsequent
cases, including the famous Minerva Mills v. Union of India (1980) case,
in which the Supreme Court struck down an amendment to the
Constitution that sought to dilute the basic structure doctrine.
9. The case has been described as a "watershed moment" in Indian
constitutional history and has been widely celebrated as a triumph of
judicial independence and constitutionalism.

Issue:
The central issue before the Court was whether the power of Parliament to
amend the Constitution was unlimited or subject to certain basic features or
structure of the Constitution that could not be amended.

Decision
: In a 7-6 decision, the Supreme Court held that the power of Parliament to
amend the Constitution was not unlimited and that certain basic features or
structure of the Constitution were immune from amendment. The Court
identified several such features, including the supremacy of the Constitution, the
republican and democratic form of government, the separation of powers,
federalism, and the rule of law.

The Court also held that any constitutional amendment that violated or
destroyed the basic structure of the Constitution would be void. This meant that
Parliament could not alter the fundamental character of the Constitution or the
balance of power between the branches of government.

Impact:
The Kesavananda Bharati case has been called the "basic structure" case and is
one of the most important cases in Indian constitutional law. It has been cited in
numerous subsequent cases and has become a cornerstone of Indian
constitutional jurisprudence. The decision established the supremacy of the
Constitution and the limited power of Parliament to amend it. It also helped to
protect the independence of the judiciary and the federal character of the Indian
Union.
Conclusion for the Kesavananda Bharati v. State of Kerala case:
In conclusion, the Kesavananda Bharati v. State of Kerala case is a landmark
judgment that established the basic structure doctrine, limiting the power of the
Indian Parliament to amend the Constitution. The decision ensured the
supremacy of the Constitution and the protection of fundamental features of the
Indian polity. It is widely celebrated as a triumph of judicial independence and
constitutionalism in India. The case has been cited in numerous subsequent
cases and has become a cornerstone of Indian constitutional jurisprudence.
Overall, the Kesavananda Bharati case is a seminal moment in the history of
Indian democracy and serves as a reminder of the importance of protecting the
basic features of the Constitution.