Kesavananda Bharati v. State of Kerala (1973)
– The Case That Drew the Line for Parliament’s Power
🟠 Summary:
This landmark judgment laid the foundation of the Basic Structure Doctrine, ensuring that while Parliament can amend the Constitution, it cannot change its core principles such as democracy, rule of law, and fundamental rights.
📖 Background of the Case:
In the early 1970s, the Indian government introduced land reform laws to promote social and economic justice by redistributing land. These reforms often came into conflict with the right to property. Swami Kesavananda Bharati, the head of a Hindu religious mutt in Kerala, challenged these laws when the state tried to take over the mutt’s land under the Kerala Land Reforms Act.
Initially a property rights case, it soon became a constitutional crisis: Could Parliament make changes to the Constitution that undermine individual freedoms?
⚖️ Key Legal Questions:
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Does Parliament have unlimited power to amend the Constitution under Article 368?
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Can Parliament amend or take away fundamental rights like the right to property, equality, or liberty?
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Is there any part of the Constitution that is beyond the reach of Parliament’s amendment power?
🧠 Court’s Observation & Verdict:
A 13-judge bench, the largest in Indian judicial history, heard the case. In a close 7-6 majority, the Court ruled:
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Yes, Parliament can amend the Constitution.
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But it cannot destroy or alter its ‘basic structure’.
This means that while laws can change with time, the fundamental identity of the Constitution must remain intact.
The Court didn’t give an exhaustive list of what constitutes the “basic structure,” but it identified essential features like Supremacy of the Constitution, Rule of law and Separation of powers.
📌 Why This Case Matters:
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It saved the Constitution from being rewritten at will by those in power.
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It created a balance between amendability and stability.
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It reinforced the judiciary’s role as the guardian of the Constitution.
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It later helped courts strike down unconstitutional amendments, such as those affecting elections or weakening courts.
📚 Legacy:
Even decades later, the Kesavananda Bharati judgment remains the cornerstone of constitutional law in India. It has been cited in numerous rulings and continues to act as a shield against authoritarian misuse of power.