Kesavananda Bharati Case Summary
The Kesavananda Bharati v. State of Kerala case, decided by the Supreme Court of India in 1973, is a landmark judgment that had a profound impact on the interpretation of the Indian Constitution. It is considered one of the most important cases in the history of Indian constitutional law. Here is a summary of the case:
Background:
In the 1960s and early 1970s, there was a series of constitutional amendments in India that sought to expand the powers of the Parliament to amend the Constitution. The government of Prime Minister Indira Gandhi had been aggressively pursuing these amendments, leading to concerns about the erosion of basic fundamental rights and the federal structure of the Constitution.
Key Issues:
The primary issue before the Supreme Court in the Kesavananda Bharati case was the validity of the 24th Amendment Act, 25th Amendment Act, and 29th Amendment Act, which collectively sought to curtail the scope of judicial review and expand Parliament’s power to amend the Constitution.
Arguments:
The petitioner, Kesavananda Bharati, a religious leader, argued that the Constitution’s basic structure could not be amended by Parliament’s amending power.
The government contended that Parliament had the authority to amend any part of the Constitution, including its basic structure.
Judgment:
The Supreme Court, in a historic 7-6 majority decision, ruled in favor of Kesavananda Bharati. The key points of the judgment are as follows:
Doctrine of Basic Structure: The court held that while Parliament had the power to amend the Constitution under Article 368, this power was not unlimited. It recognized the existence of a “basic structure” of the Constitution, which could not be altered by constitutional amendments. The court did not provide an exhaustive list of what constituted the basic structure but identified some essential features, such as democracy, rule of law, judicial review, and federalism.
Validity of Amendments: The court examined each of the impugned amendments and upheld some while striking down others. For example, it upheld the 24th Amendment Act but struck down the 25th Amendment Act and the 29th Amendment Act as they violated the basic structure.
Prospective Overruling: The court also introduced the concept of “prospective overruling,” which meant that the Kesavananda Bharati judgment would apply prospectively to all future amendments. Amendments made before this judgment would not be invalidated, but any future amendments that violated the basic structure would be subject to judicial review.
Significance:
The Kesavananda Bharati case is significant for several reasons:
It established the doctrine of basic structure, which limits Parliament’s power to amend the Constitution.
It preserved the fundamental rights of Indian citizens and the federal structure of the Constitution.
It reaffirmed the independence of the judiciary and its role as the guardian of the Constitution.
It provided a framework for evaluating the constitutionality of future amendments, ensuring that they do not undermine the basic structure of the Constitution.
Overall, the Kesavananda Bharati case is a landmark decision that has had a lasting impact on Indian constitutional law and governance. It remains a pivotal judgment in the protection of fundamental rights and the integrity of the Indian Constitution.
