Kesavananda Bharati Case (1973): The "Basic Structure Doctrine"
Significance
The
Kesavananda Bharati case (1973) is a landmark Supreme Court judgment that
defined the limits of Parliament's power to amend the Indian Constitution. It
introduced the "Basic Structure Doctrine", ensuring that
the core principles of the Constitution remain inviolable.
Background
- Golaknath
Case (1967): The
Supreme Court ruled that Parliament cannot amend Fundamental
Rights.
- 24th
Amendment (1971):
Parliament asserted its power to amend any part of the
Constitution, including Fundamental Rights.
- Kesavananda
Bharati, a Kerala
spiritual leader, challenged land reform laws affecting his math's
property under Article 26 (right to manage religious
property). The case expanded into a broader debate on constitutional
amendments.
Key
Issues
- Can
Parliament amend Fundamental Rights?
- Is
there any limit to Parliament's amending power
under Article 368?
- Does
the Constitution have a "basic structure" that
cannot be altered?
The
Judgment (7-6 Majority)
- Basic
Structure Doctrine:
Parliament can amend any part of the Constitution, except its "basic
structure".
- Examples
of Basic Structure:
- Supremacy
of the Constitution
- Democracy
and Republic nature
- Secularism
- Separation
of powers
- Judicial
review
- Federalism
- Rule
of law
- Impact:
- Upheld
the 24th Amendment (Parliament can amend Fundamental
Rights).
- Partially
struck down the 25th Amendment (restricted property
rights) and 29th Amendment (land reforms).
Key
Quotes
- Justice
H.R. Khanna:
"The Constitution has a basic structure, and the amending power
cannot be used to destroy it."
- Dissenting
View (Justice A.N. Ray):
Argued for unlimited parliamentary amendment power.
Legacy
- Judicial
Review Strengthened:
Courts can strike down amendments violating the basic structure.
- Balanced
Power: Prevented
authoritarianism by ensuring Parliament respects constitutional core
values.
- Influenced
Later Cases:
- Indira
Gandhi v. Raj Narain (1975):
Judicial review is part of the basic structure.
- Minerva
Mills (1980):
Harmony between Fundamental Rights and Directive Principles is essential.
Why
It Matters:
The Kesavananda Bharati case is the cornerstone of Indian
constitutional law, ensuring that while Parliament adapts the Constitution
to changing needs, its foundational principles remain eternal. 🌟