What was the Kesavananda Bharati case?. Elucidate the significance of the Kesavananda Bharati judgement. (20 Marks)
The case
- The origins of the Kesavananda Bharati case can be traced back to the land reforms that were introduced in the Indian state of Kerala in the 1950s and 1960s. These reforms were aimed at redistributing land from large landowners to the landless and the poor. In 1963, the Kerala government passed the Kerala Land Reforms Act, which placed a limit on the amount of land that a person could hold. The Act provided for the acquisition of excess land from landowners and its distribution to the landless and the poor.
- The Kesavananda Bharati judgment, delivered on 24 April 1973, is a landmark judgment of the Supreme Court of India. The case was filed by Sri Kesavananda Bharati, the head of a Hindu religious mutt in Kerala, challenging the constitutional validity of the 24th, 25th and 29th Amendments to the Indian Constitution, which sought to curtail the powers of the judiciary and the fundamental rights of citizens.
- The Supreme Court, in a historic 7:6 majority decision, propounded the basic structure doctrine of the Constitution, which holds that certain fundamental features of the Constitution, such as democracy, secularism, federalism, and the rule of law, cannot be amended by parliament. The court also held that the power of judicial review is an integral part of the basic structure of the Constitution, and cannot be taken away by Parliament through constitutional amendments.
- The significance of the Kesavananda Bharati case lies in the fact that it established the doctrine of basic structure of the Indian Constitution. The basic structure doctrine holds that certain fundamental features of the Constitution, such as the supremacy of the Constitution, the rule of law, and the independence of the judiciary, cannot be amended or abrogated by the Parliament through a constitutional amendment.
Significance of Basic Structure Doctrine
- Constitutionalism: The basic structure doctrine attests to the concept of Constitutionalism in preventing the governing majority''s brutal majority from destroying the core of the Constitution of India.
- Uphold the Federal sturcture: The Indian Constitution has a federal structure and is distinguished by traditional features of a federal system, such as the supremacy of the Constitution, the division of powers between the Union and State governments, the presence of an independent judiciary, and a strict process for amending the Constitution.
- Democracy: The core idea rescued Indian democracy by limiting constituent power; else, limitless power of parliament would have converted India into a totalitarian state.
- Preserving Fundamentals: It aids in the preservation of the fundamental concepts of our constitution, which were painstakingly crafted by our founding fathers.
- Separation of powers: It strengthens our democracy by defining a real separation of powers in which the judiciary is distinct from the other two institutions. It has also given the Supreme Court unrivalled power, making it the most powerful court in the world.
This doctrine has served as a check on the power of the Parliament to amend the Constitution and has ensured that the Constitution remains a living document that is responsive to changing times while preserving its fundamental values and principles. The Kesavananda Bharati case has thus had far-reaching consequences for the constitutional development of India, making it one of the most significant cases in Indian constitutional law.
Read More - https://indianexpress.com/article/explained/explained-law/kesavananda-case-and-its-legacy-sc-has-used-doctrine-sparingly-pushed-back-against-attempts-to-shackle-judicial-review-8572292/
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