What's New :
Gist of India Year Book (IYB) 2024. Download Here...
Thematic Current Affairs Compilation. Download here...

Kesavananda Bharati Judgment is the recognition of supremacy of the Constitution of India and its unalterable features. Elaborate.

  • Category
    GS -II
  • Published
    2020-04-29 10:42:00

Subject: Constitution

Approach:

  • Introduction- Brief introduction of the landmark judgement
  • Background of the case
  • The doctrine of basic structure
  • The judgement
  • Significance of the judgement
  • Conclude accordingly

Model Answer

India is celebrating 47 years of the decision in Kesavananda Bharti v. State of Kerala, wherein the Supreme Court of India laid down the ‘Basic Structure Doctrine’.  Exactly 47 years ago, the Supreme Court passed its landmark judgment in Kesavananda Bharati vs State of Kerala, considered among the most significant constitutional cases in India’s judicial history. By a 7-6 verdict, a 13-judge Constitution Bench ruled that the ‘basic structure’ of the Constitution is inviolable, and could not be amended by Parliament.

Background:

  • Keshvananda Bharati was the chief of Edneer Mutt which is a religious sect in Kasaragod district of Kerala.
  • He had certain pieces of land in the sect which were owned by him in his name.
  • The state government of Kerala introduced the Land Reforms Amendment Act, 1969. According to the act, the government was entitled to acquire some of the sect’s land of which Keshvananda Bharti was the chief. 
  • On 21st March 1970, Keshvananda Bharti moved to Supreme Court under Section 32 of the Indian Constitution for enforcement of his rights which guaranteed under:
    • Article 25(Right to practice and propagate religion)
    • Article 26 (Right to manage religious affairs)
    • Article 14 (Right to equality)
    • Article 19(1)(f) (freedom to acquire property)
    • Article 31 (Compulsory Acquisition of Property)
  • When the petition was still under consideration by the court, the Kerala Government another act i.e. Kerala Land Reforms (Amendment) Act, 1971.
  • After the landmark case of Golaknath v. State of Punjab, the Parliament passed a series of Amendments in order to overrule the judgment of the Golaknath case.
  • In 1971, the 24th Amendment was passed, In 1972, 25th and 29th Amendment were passed subsequently.
  • Henceforth the development to Kesavananda was set apart by a progression of Cases and choices that set the phase for the case itself.
  • At the center of every one of these cases was the essential inquiry:
    • Was Parliament's energy to Amend the Constitution boundless, since it spoken to the will of the general population and it’s Majority, or was that Power delineated when it went to certain Fundamental Rights of the general population?

The Doctrine of Basic Structure:

  • According to the ‘Doctrine of Basic Structure’, the Parliament has unlimited power to amend the Constitution subject to the sole condition that such amendments must not change the basic structure of the Constitution.
  • The Parliament should not in any manner interfere with the basic features of the Constitution without which the Constitution will be left spiritless and lose its very essence.
  • The basic structure doctrine has since been regarded as a tenet of Indian constitutional law.
  • The Constitution of a country is the fundamental law of the land. It is based on this document that all other laws are made and enforced.
  • Since the Indian Constitution was first adopted, debates have raged as to the extent of power that Parliament should have to amend key provisions.
  • In the early years of Independence, the Supreme Court conceded absolute power to Parliament in amending the Constitution, as was seen in the verdicts in Shankari Prasad (1951) and Sajjan Singh (1965).
  • In subsequent years, as the Constitution kept being amended at will to suit the interests of the ruling dispensation, the Supreme Court in Golaknath (1967) held that Parliament’s amending power could not touch Fundamental Rights, and this power would be only with a Constituent Assembly.
  • Keshvananda Bharti’s case to some extent overruled Golaknath’s case.
    • The court, in this case, answered the question which was left unanswered in Golaknath’s case in relation to the power of Parliament to amend provisions of the Constitution. 
    • The court found that the word ‘amend’ which was included in Article 368 does not refer to amendments that can change the basic structure of the constitution.
    • If Parliament wants to amend a particular provision of the Constitution then such amendment would need to go through the test of basic structure.
  • It was also decided that since the Parliament has an unlimited power to amend the Constitution subject to the basic structure then Parliament can also amend Fundamental Rights as far as they are not included in the basic structure of the Constitution.
  • 24th Amendment was upheld by the Bench whereas the 25th Amendment’s 2nd part was struck down.

Kesavananda Bharati actually left an ambigious historical legacy:

 

  • While ruling that there is no implied limitation on the powers of Parliament to amend the Constitution, it held that no amendment can do violence to its basic structure (the “Basic Structure Doctrine”).
  • Further, it established the Supreme Court’s right of review and, therefore, established its supremacy on constitutional matters.
  • The judgment also refused to consider the right to property as a fundamental right that was covered by the 'basic structure' doctrine.
  • Despite that, the right to private property, is more solid today, and yet not absolute, as it should be in a market economy.
  • This judgment ruled that Article 368 does not enable Parliament in its constituent capacity to delegate its function of amending the Constitution to another legislature or to itself in its ordinary legislative capacity.
  • The basic structure doctrine applies only to the constitutionality of amendments and not to ordinary Acts of Parliament, which must conform to the entirety of the Constitution and not just to its basic structure.

Significance of the judgement:

  • The most significant contribution by Kesavananda Bharati judgment is the recognition of supremacy of the Constitution of India and its unalterable features.
  • The Kesavananda judgment also defined the extent to which Parliament could restrict property rights, in pursuit of land reform and the redistribution of large landholdings to cultivators, overruling previous decisions that suggested that the right to property could not be restricted.
  • Kesavanand Bharati case, is an example of judicial creativity of its first order. It protected our Indian Constitution by passing a 2/3 majority which may encourage by narrow party and personal interest. The basic feature cannot be altered, abolished or abridged.

 

Conclusion:

The Kesavananda Bharati case was the culmination of a serious conflict between the judiciary and the government. It upheld the changes in 24th amendment in Article 368 and Article 13 of Indian Constitution by overruling Golaknath Judgment. It determined the fabric of Indian constitution which is still relevant and serving as Fundamental Rights case.

Procedure of Answer Writing:

To participate in the answer writing program, Register yourself for the test. Copies will be evaluated only for the registered students. Registration will be closed after the scheduled date.

Answer Writing, Copy Evaluation, and Marks Improvement Cycle:

Step 1 (Theme, Details & Its Topics):

  1. Every round of Answer writing initiative will be around a theme related to the Subject/Topic.
  2. Please read the theme and its description, and try to cover the topics given within the theme before writing the answer along with the sources.

Step 2 (Answer Writing):

  1. Questions will be uploaded on the portal on the scheduled date at 7:00 AM.
  2. You have to write your answers on an A4 size sheet leaving margins on both sides based on the UPSC pattern.
  3. Mention your name, email id, location, and phone number on the 1st page in the top right corner and the page number on each page.
  4. After writing the answers, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload them in the upload section of the same question.
  5. Kindly submit your written answers before 7:00 PM. Only the first 100 copies will be considered for evaluation. No request for late submission or evaluation will be entertained once the 100 mark is reached.

Note: Answer sheets without the proper guidelines given above will not be accepted for evaluation.

Step 3 (Copy Evaluation): Copies will be evaluated in the next 72 hours of the test date. After evaluation, copies will be uploaded into your account. During the copy evaluation period, doubt clearing and discussion about the theme or topic of the test with respective mentors of the test will be done in the telegram group

Step 4 (Mentorship): Evaluated copies will be sent to you via mail and also uploaded into your account on the website. After that a mentorship session for the marks improvement with respective faculty will be conducted on the Google Meet, so that students can get a wider perspective of the topics. Here you can discuss your evaluated copies also with the faculty. Top 5 copies of every test will be shared in the telegram group for reference.

Note: Aspirants who have not written the test can also participate in the mentorship session.

For Updates and Mentorship of the session, you will be notified through SMS or Telegram Group.

For Notification And Update About the Program Join Telegram Group at: https://t.me/gsscoreopendailyanswerwriting

Note: You have to write your answers on an A4 size sheet leaving margins on both sides based on UPSC pattern. Mention Your Name on 1st page and Page Number on each page. After writing the answer, Click pictures of each page of your answer sheet, merge them all in a single PDF and upload in the Your Answer Copy section of the same question.

GS Mains Classes GS Classes 2024 GS Classes 2024 UPSC Study Material

Verifying, please be patient.

Our Centers

DELHI (Karol Bagh)

GS SCORE, 1B, Second Floor, Pusa Road, Karol Bagh, New Delhi - 110005 (Beside Karol Bagh Metro Station Gate No. 8)

Get directions on Google Maps

BHUBANESWAR (Jaydev Vihar)

GS SCORE, Plot No.2298, Jaydev Vihar Square, Near HCG Day Care, BBSR - 751013

Get directions on Google Maps

LUCKNOW (Aliganj)

GS SCORE, 2nd Floor, B-33, Sangam Chauraha, Sector H, Aliganj, Lucknow, UP - 226024

Get directions on Google Maps

Enquire Now