The Kesavananda Bharati Case (1973) is one of the most important cases in Indian constitutional history. It established the Basic Structure Doctrine, which limits Parliament’s power to amend the Constitution. This case has played a crucial role in ensuring the protection of fundamental rights and democratic principles.
1. Background of the Kesavananda Bharati Case
🔹 The case was filed by Swami Kesavananda Bharati, the head of the Edneer Mutt in Kerala.
🔹 He challenged the Kerala Land Reforms Act, 1963, which restricted the management of religious properties.
🔹 The main question in this case was:
- Can Parliament amend any part of the Constitution, including Fundamental Rights?
2. Constitutional Provisions Involved
The case mainly involved two contradictory articles of the Constitution:
| Article | Provision |
|---|---|
| Article 368 | Gives Parliament the power to amend the Constitution. |
| Article 13 | Laws that violate Fundamental Rights are unconstitutional. |
3. Key Issues in the Kesavananda Bharati Case
1️⃣ Can Parliament amend Fundamental Rights under Article 368?
2️⃣ Is there any limit to Parliament’s power to amend the Constitution?
3️⃣ Does the Golaknath Case (1967) judgment hold true?
4. Supreme Court Verdict in Kesavananda Bharati Case
🟢 Judgment Date: April 24, 1973
🟢 Bench Strength: 13 Judges (Largest Bench in Indian History)
🟢 Majority Decision: 7:6 (A very close decision)
The Supreme Court ruled that:
✅ Parliament can amend the Constitution, but it cannot alter its Basic Structure.
✅ The Basic Structure Doctrine was introduced, ensuring that the fundamental features of the Constitution remain protected.
✅ The Golaknath Case (1967), which said that Fundamental Rights cannot be amended, was partially overruled.
5. What is the Basic Structure Doctrine?
The Basic Structure Doctrine states that certain fundamental principles of the Constitution cannot be altered or destroyed through amendments.
The key elements of the Basic Structure include:
✅ Supremacy of the Constitution
✅ Sovereign, democratic, and secular character of India
✅ Separation of powers (Legislature, Executive, Judiciary)
✅ Judicial Review
✅ Rule of Law
✅ Federalism
✅ Parliamentary System of Government
✅ Fundamental Rights & Directive Principles of State Policy (DPSP)
6. Impact of the Kesavananda Bharati Case
🔹 Limited the power of Parliament – It cannot destroy the core principles of the Constitution.
🔹 Strengthened Judicial Review – Courts have the power to declare unconstitutional amendments void.
🔹 Balanced Parliamentary Supremacy & Judicial Independence.
🔹 Protected Fundamental Rights from arbitrary amendments.
7. Related Supreme Court Cases
| Case | Significance |
|---|---|
| Golaknath Case (1967) | Ruled that Fundamental Rights cannot be amended. |
| Indira Gandhi v. Raj Narain (1975) | Used the Basic Structure Doctrine to declare election laws unconstitutional. |
| Minerva Mills Case (1980) | Strengthened the Basic Structure Doctrine by restricting Parliament’s power. |
| SR Bommai Case (1994) | Declared secularism as part of the Basic Structure. |
8. Important Articles Related to the Case
| Article | Provision |
|---|---|
| Article 13 | Laws violating Fundamental Rights are unconstitutional. |
| Article 14 | Right to Equality. |
| Article 19 | Right to Freedom. |
| Article 21 | Right to Life and Personal Liberty. |
| Article 32 | Right to Constitutional Remedies. |
| Article 368 | Power of Parliament to amend the Constitution. |
9. MCQs on the Kesavananda Bharati Case
1. What was the main issue in the Kesavananda Bharati case?
a) Right to Property
b) Power of Parliament to amend the Constitution
c) Abolition of Privy Purses
d) Nationalization of Banks
✅ Answer: b) Power of Parliament to amend the Constitution
2. Which doctrine was introduced in the Kesavananda Bharati case?
a) Doctrine of Eclipse
b) Doctrine of Basic Structure
c) Doctrine of Pith and Substance
d) Doctrine of Prospective Overruling
✅ Answer: b) Doctrine of Basic Structure
3. How many judges were on the Supreme Court bench in the Kesavananda Bharati case?
a) 5
b) 7
c) 9
d) 13
✅ Answer: d) 13
4. Who was the Chief Justice of India during the Kesavananda Bharati case?
a) Justice P.N. Bhagwati
b) Justice S.R. Das
c) Justice S.M. Sikri
d) Justice R.C. Lahoti
✅ Answer: c) Justice S.M. Sikri
5. Which article of the Constitution deals with the amendment process?
a) Article 13
b) Article 32
c) Article 368
d) Article 226
✅ Answer: c) Article 368
6. Which earlier case ruled that Parliament cannot amend Fundamental Rights?
a) Maneka Gandhi Case
b) Golaknath Case
c) Minerva Mills Case
d) SR Bommai Case
✅ Answer: b) Golaknath Case
7. What was the final verdict in the Kesavananda Bharati case?
a) Parliament can amend any part of the Constitution
b) Parliament cannot amend Fundamental Rights
c) Parliament can amend the Constitution but not its Basic Structure
d) Supreme Court cannot review amendments
✅ Answer: c) Parliament can amend the Constitution but not its Basic Structure
10. Conclusion
The Kesavananda Bharati Case (1973) is a historic judgment that shaped the future of Indian democracy. It introduced the Basic Structure Doctrine, ensuring that Parliament cannot alter the fundamental principles of the Constitution. This case continues to be a cornerstone of constitutional law in India.
For competitive exams, understanding the verdict, impact, and related cases is crucial. Stay updated with recent amendments and judicial interpretations to strengthen your preparation! ✅📚
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