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Kesavananda Bharati Case (1973): The "Basic Structure Doctrine"

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

  1. Can Parliament amend Fundamental Rights?
  2. Is there any limit to Parliament's amending power under Article 368?
  3. 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.
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