“Kesavananda Bharati case judgement that changed India.”

Name of the case: – Kesavananda Bharati & Ors vs State of Kerala, (1973) 4 SCC 225.

Court: – Supreme Court of India

Case no.: – Writ Petition (Civil) 135 of 1970

Decided on: – April 24, 1973

Bench: –   Chief Justice S. M. Sikri, Justice J.M. Shelat, Justice K.S. Hegde, Justice A.N. Grover, Justices A.N. Ray, Justice P. Jaganmohan Reddy, Justice D.G. Palekar, Justice H.R. Khanna, Justice K.K. Mathew, Justice M.H. Beg, Justice S.N. Dwivedi, Justice A.K. Mukherjee, and Justice Y.V. Chandrachud

Introduction

The Kesavananda Bharati case stands as a landmark judgment in the annals of Indian constitutional law, notably shaping the contours of the basic structure doctrine, a legal principle that imposes constraints on the amending power of the Indian Parliament. At its core, the case emanated from a legal challenge initiated by Sri Kesavananda Bharati, the spiritual head of a Hindu religious mutt in Kerala. His legal contention targeted the constitutional validity of three pivotal amendments – the 24th, 25th, and 29th – to the Indian Constitution. These amendments, if upheld, would have significantly curtailed the powers of the judiciary, and encroached upon the fundamental rights of citizens.

The proceedings of this case unfolded within the hallowed chambers of the Supreme Court, where the venerable institution would render its verdict. Unlike many legal battles, the Kesavananda Bharati case assumed extraordinary significance due to its far-reaching implications for the constitutional framework of India. It became a symbolic struggle for the preservation of democratic principles and the rule of law.

The pivotal moment in this legal saga arrived when the Supreme Court, led by a bench of thirteen judges, delivered its ruling. This bench, featuring eminent jurists such as Chief Justice S. M. Sikri, Justice J.M. Shelat, Justice K.S. Hegde, Justice A.N. Grover, Justices A.N. Ray, Justice P. Jaganmohan Reddy, Justice D.G. Palekar, and others, made it one of the most formidable gatherings in Indian legal history.

The Kesavananda Bharati case not only etched its place in the chronicles of Indian jurisprudence but also underscored the resilience of individuals like Sri Kesavananda Bharati, who valiantly stood up to safeguard the foundational principles that underpin the nation’s democratic fabric. This legal saga serves as a testament to the enduring commitment to upholding constitutional values and ensuring the balance of power within the Indian democracy.

Background/Facts

The Kesavananda Bharati case, also recognized as Kesavananda Bharati v. State of Kerala, stands as a pivotal and historic judgment delivered by the Supreme Court of India, shaping the trajectory of the nation’s constitutional jurisprudence through the formulation of the basic structure doctrine.

Initiated by Sri Kesavananda Bharati, the spiritual leader of a Hindu religious mutt in Kerala, the legal challenge centered around the constitutional validity of the 24th, 25th, and 29th Amendments to the Indian Constitution. These amendments, if upheld, were poised to curtail both the powers of the judiciary and the fundamental rights of citizens. This legal battle, resonating with profound implications for the Indian constitutional framework, unfolded before a bench of thirteen judges, marking it as one of the largest benches in the rich tapestry of Indian legal history.

Most of the esteemed bench, driven by a profound commitment to safeguarding the Constitution, articulated the viewpoint that unfettered parliamentary power to amend could potentially lead to misuse. Their collective wisdom coalesced into the articulation of the basic structure doctrine, a groundbreaking legal principle that posits that the Parliament cannot, through its amending powers, tamper with the fundamental and intrinsic features that constitute the bedrock of the Constitution.

The ripple effect of this judgment was palpable, prompting the Parliament to respond with legislative action in the form of the 24th Constitutional Amendment Act. The Kesavananda Bharati case, therefore, transcended its immediate legal context, becoming a catalyst for constitutional reform and establishing a robust framework to protect the core principles enshrined in the Indian Constitution.

The Kesavananda Bharati case is not merely a legal milestone but a testament to the resilience of individuals like Sri Kesavananda Bharati and the judiciary’s commitment to upholding the sanctity of the constitutional order in India. This landmark decision continues to resonate as a beacon in the realm of constitutional law, influencing subsequent interpretations and serving as a touchstone for the delicate balance between parliamentary powers and constitutional fundamentals.

Legal basis of the case

The crux of the Kesavananda Bharati case rested on a formidable legal challenge to the constitutional validity of the 24th, 25th, and 29th Amendments to the Indian Constitution. These amendments were not merely legislative adjustments; rather, they were perceived as substantial incursions into the powers of the judiciary and the fundamental rights of citizens. Sri Kesavananda Bharati, the esteemed spiritual leader at the helm of a Hindu religious mutt in Kerala, started the mantle to challenge these amendments, contending that they ran afoul of his fundamental rights, with a particular focus on his right to religion, freedom of religious denomination, and the right to property.

The case unfolded as a complex legal tapestry wherein Sri Kesavananda Bharati, backed by a conviction in the sanctity of his fundamental rights, sought redress against what he perceived as an infringement upon the very essence of the constitutional guarantees. His legal argument resonated not only in defense of his individual rights but also in the broader context of safeguarding the foundational principles enshrined in the Indian Constitution.

As the legal proceedings advanced, the case assumed an epochal significance, paving the way for the formulation of the basic structure doctrine. This legal doctrine emerged as the linchpin of the judgment, asserting a profound principle that Parliament, in wielding its amending powers, cannot transgress the fundamental and intrinsic features that constitute the bedrock of the Constitution. The basic structure doctrine became a shield, safeguarding the core tenets of the Indian Constitution from arbitrary alterations that might compromise its essence.

By establishing this doctrine, the Kesavananda Bharati case left an indelible mark on Indian constitutional law. It not only served as a beacon for protecting individual rights but also erected a formidable legal barrier against any attempts to tamper with the foundational structure of the Constitution. Sri Kesavananda Bharati’s quest for justice thus transcended the confines of his personal grievance, leaving a legacy in the form of a robust legal principle that continues to resonate in the constitutional jurisprudence of India.

Decision of the court

In a momentous verdict, the Supreme Court of India delivered a historic 7:6 majority decision in the Kesavananda Bharati case, thereby cementing the foundational principle of the basic structure doctrine within the constitutional framework. This landmark ruling delineated those certain pivotal features of the Constitution, including democracy, secularism, federalism, and the rule of law, are impervious to parliamentary amendments, solidifying the bedrock of the nation’s governance.

Notably, the court not only upheld the sanctity of the basic structure doctrine but also rendered a verdict on specific amendments. The 25th Amendment to the Constitution found itself on the wrong side of the legal spectrum as the court deemed it ultra vires, nullifying its constitutional validity. In contrast, the entirety of the 24th Constitutional Amendment received judicial endorsement.

This watershed decision, encapsulated in the 7:6 majority, laid down a fundamental principle: the Constitution possesses an immutable basic structure that transcends the reach of Parliament’s amending power. The court’s pronouncement was a resounding assertion of the constitutional boundaries, ensuring that the core principles and values enshrined in the Constitution remain inviolate against arbitrary modifications.

The Kesavananda Bharati case, considering this verdict, etched its place as one of the most pivotal episodes in Indian constitutional history. Its significance extends beyond legal precedent, symbolizing a spirited defense of democratic principles and the rule of law in India. Sri Kesavananda Bharati emerged as a central figure in this legal saga, his pursuit of justice standing as a testament to the enduring struggle to uphold the foundational principles that guide the nation’s democratic ethos. The legacy of this case endures, influencing subsequent legal interpretations and serving as a touchstone in the ongoing discourse surrounding the delicate balance between constitutional principles and parliamentary authority in India.

Conclusion

The Kesavananda Bharati case marked a pivotal moment in Indian legal history, culminating in a 7-6 majority decision by the Supreme Court that gave birth to the fundamental tenet known as the basic structure doctrine. This landmark ruling fundamentally altered the dynamics of power between the judiciary and the legislature by asserting that the Constitution possesses an unalterable basic structure, impervious even to constitutional amendments.

The court’s pronouncement had far-reaching implications, reshaping the landscape of constitutional governance in India. It delineated a clear boundary on the Parliament’s authority to amend the Constitution, establishing safeguards to ensure the preservation of the basic structure and fundamental features. This jurisprudential shift was instrumental in maintaining the integrity of the Constitution and preventing arbitrary modifications that could compromise its core principles.

The transformative nature of this decision resonated not only within the legal realm but also within the broader context of India’s democratic framework. By curbing the Parliament’s power to amend the Constitution without limitations, the Kesavananda Bharati case emerged as a stalwart defender of the democratic system. The judgment’s enduring impact lies in its role as a guardian, preserving the essence and democratic ethos of the country.

Widely regarded as one of the most significant judgments in Indian constitutional history, the Kesavananda Bharati case is credited with fortifying the democratic foundations of the nation. Its legacy extends beyond the courtroom, serving as a testament to the judiciary’s role in upholding constitutional principles and ensuring a delicate equilibrium between the branches of government. The case stands as a beacon of judicial activism and constitutional restraint, shaping the trajectory of India’s constitutional jurisprudence for generations to come.

WRITTEN BY: Pankhuri Rastogi

The Supreme Court of India

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