The Kesavananda Bharati v. State of Kerala case

The Kesavananda Bharati v. State of Kerala case, also known as the Fundamental Rights Case or the Basic Structure Doctrine Case, is a landmark judgment in Indian legal history. It was decided by the Supreme Court of India in 1973 and had a profound impact on the way the Indian Constitution is interpreted. Here's a summary of the case:

Background:

• In 1970, Swami Kesavananda Bharati, the head of the Edneer Mutt, a Hindu monastery in Kerala, challenged the Kerala Land Reforms Act.

• The Act imposed restrictions on the management of property owned by religious institutions.

• Swami Bharati argued that the Act violated his fundamental rights, specifically his right to manage the Mutt's property guaranteed by Article 26 of the Constitution.

Key Issues:

• The case raised two crucial questions:

  • Could Parliament amend any part of the Constitution, including its fundamental rights?

  • If so, could Parliament alter the Constitution's basic structure?

Judgment:

• The Supreme Court, in a 7-6 decision, ruled in favor of Swami Bharati.

• The majority opinion, written by Chief Justice Sikri, established the Basic Structure Doctrine.

• This doctrine holds that even though Parliament has the power to amend the Constitution, it cannot alter its basic structure.

• The basic structure is defined as the essential features of the Constitution that give it its identity and character.

• The Court identified some of the basic features as federalism, secularism, separation of powers, and democratic principles.

Impact:

• The Kesavananda Bharati case is considered a landmark judgment that protected the Indian Constitution from arbitrary amendments.

• It has been cited in numerous subsequent cases and has strengthened the power of the judiciary to review legislative actions.

• The Basic Structure Doctrine is a critical aspect of Indian constitutional law and continues to be debated and interpreted by legal scholars and the courts.

Additional Points:

• The case was argued for 68 days and involved renowned lawyers like Nani Palkhivala and N.A. Palkhivala.

• The judgment consists of over 700 pages and remains one of the longest judgments in Indian legal history.

• The Kesavananda Bharati case is celebrated as a victory for the rule of law and the protection of fundamental rights in India.