Kesavananda Bharati v. The State of Kerala
Kesavananda Bharati v. The State of Kerala (1973) 4 SCC 225
Background:
Kesavananda Bharati was the head of the Edneer Mutt in Kerala.
The State of Kerala had enacted laws (Kerala Land Reforms Act, 1963 and Kerala Land Reforms (Amendment) Act, 1969) that imposed restrictions on the management and ownership of religious and charitable institutions’ property.
Kesavananda Bharati challenged the constitutional validity of these laws, arguing that they violated his fundamental rights, particularly the right to practice religion and the right to property (which was then a fundamental right under Article 31).
The case raised the question: Does Parliament have unlimited power to amend the Constitution, including the fundamental rights?
Legal Issues:
Whether Parliament’s power to amend the Constitution under Article 368 is unlimited?
Can Parliament amend fundamental rights guaranteed under Part III of the Constitution?
Does the Constitution contain a ‘basic structure’ or ‘basic feature’ that cannot be amended?
Constitutional Provisions Involved:
Article 368: Empowers Parliament to amend the Constitution.
Part III (Fundamental Rights): Guarantees fundamental rights such as freedom of religion, equality, and property rights (at that time).
Facts Leading to the Case:
Earlier, in Shankari Prasad (1951) and Sajjan Singh (1965), the Supreme Court had held that Parliament’s power to amend the Constitution was unlimited, including amendments to fundamental rights.
However, with the 24th Amendment (1971), Parliament explicitly asserted its power to amend any part of the Constitution, including fundamental rights.
The Kerala land reform laws were challenged, and the matter escalated to this constitutional bench.
Judgment:
The case was heard by a 13-judge Constitutional Bench, the largest in India’s history.
Majority Verdict (7:6) held that Parliament cannot alter the ‘basic structure’ or ‘basic framework’ of the Constitution.
This meant that while Parliament has wide powers to amend the Constitution, it cannot destroy or alter its fundamental framework or basic structure.
The exact scope of the basic structure was left somewhat open, but some features identified include:
Supremacy of the Constitution
Rule of law
Separation of powers
Judicial review
Fundamental rights
Sovereignty and democratic republic nature of India
Key Takeaways from the Judgment:
Basic Structure Doctrine:
The Constitution has certain basic features which cannot be abrogated or destroyed by constitutional amendments.
Limited Amending Power:
Parliament’s power under Article 368 is not absolute or unlimited.
Judicial Review:
The judiciary has the power to review constitutional amendments and strike down those violating the basic structure.
Protection of Fundamental Rights:
Fundamental rights cannot be completely nullified by amendments; they form part of the basic structure.
Significance:
Checks and Balances:
This judgment ensured a check on Parliament’s amending power, preserving the constitutional balance.
Judicial Activism:
It empowered the judiciary to act as a guardian of the Constitution’s basic structure.
Preserved Democracy:
It protected essential features of India’s democratic and secular polity.
Later Related Cases:
Minerva Mills Ltd. v. Union of India (1980):
Reaffirmed the basic structure doctrine and struck down clauses that destroyed the balance between Fundamental Rights and Directive Principles.
Indira Nehru Gandhi v. Raj Narain (1975):
Reinforced the Kesavananda doctrine during emergency-related constitutional amendments.
S.R. Bommai v. Union of India (1994):
Applied the basic structure doctrine to uphold secularism as a part of the basic structure.
Summary Table:
| Aspect | Details |
|---|---|
| Case Name | Kesavananda Bharati v. State of Kerala |
| Citation | (1973) 4 SCC 225 |
| Legal Area | Constitutional Law – Power of Parliament to amend Constitution |
| Key Issue | Whether Parliament can amend the basic structure of the Constitution |
| Judgment | Parliament cannot amend/destroy basic structure |
| Doctrine Established | Basic Structure Doctrine |
| Significance | Limits on constitutional amendments; judiciary’s power of review |
Summary:
The Kesavananda Bharati case is a milestone judgment that laid down the basic structure doctrine, protecting the essential features of the Indian Constitution from being altered or destroyed by parliamentary amendments. It is a foundational case for constitutional law, ensuring the preservation of democracy, fundamental rights, and rule of law in India.
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