10/21/2014

What is the Kesavananda Bharati case and why is it famous? - Quora

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Kesavananda Bharati vs the state of Kerala 1973

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What is the Kesavananda Bharati case and why is

it famous?
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Varsha Iyer, very inquisitive

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18 upvotes by Quora User, Manish Tripathi, Krishna Bindu, (more)

This case is considered a landmark case in the study of the Constitution of

India. In the judgment of this case, it was ruled that the Constitution had a
basic structure that could not be violated or modified under any circumstance.
For instance, your Fundamental Rights cannot be taken away by modifying the
constitution.
However, it is interesting to note that nowhere in the Constitution is it specified
that so-and-so articles form the basic structure. It is the interpretation of the
judiciary that points out some features of the Constitution as inviolable and
unchangeable.
The reason this case is famous is that it was the starting point of a series of
debates and court sessions that led to the aforementioned judgment. It started
off as a property dispute and a discussion on to what extent the judiciary can
curb property rights.
For further reading, try Wikipedia:
Kesavananda Bharati v. State of Kerala
Basic structure doctrine
Or the 11th grade textbook (CBSE) that clarifies things in a simple manner:
Page on Prashanthellina
(Scroll down to page 46.)
Written 10 Apr, 2013.
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5 upvotes by Mithun Khatri, Kena Mehta, Niharika Singh Rathore, (more)

It is one the cases any law student should be well versed with. However, this
said, the said judgment also is confusing to lot of experts and general public
alike as to what is the "Basic Structure of the Constitution" The interpretation
of the judgment in subsequent judgments is as much debated as the case itself
is debated.
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The findings of the instant case are following:

1. All of the Judges held that the 24th, 25th and 29th Amendments Acts are
valid.
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10/21/2014

What is the Kesavananda Bharati case and why is it famous? - Quora

2. Ten judges held that Golak Nath's case was wrongly decided and that an
amendment to the Constitution was not a "law" for the purposes of Article 13.
3. Seven judges held that the power of amendment is plenary and can be used
to amend all the articles of the constitution (including the Fundamental
Rights)
4. Seven judges held (six judges dissenting on this point) that "the power to
amend does not include the power to alter the basic structure of the
Constitution so as to change its identity"
5. Seven judges held (two judges dissenting, one leaving this point open) that
"there are no inherent or implied limitations on the power of amendment
under Article 368".
Nine judges (including two dissentients) signed a statement of summary for
the judgment that reads:
1. Golak Naths case is over-ruled.
2. Article 368 does not enable Parliament to alter the basic structure or
framework of the Constitution.
3. The Constitution (Twenty-fourth Amendment) Act, 1971 is valid.
4. Section 2(a) and 2(b) of the Constitution (Twenty-fifth Amendment) Act,
1971 is valid.
5. The first part of section 3 of the Constitution (Twenty-fifth Amendment)
Act, 1971 is valid. The second part namely "and no law containing a
declaration that it is for giving effect to such policy shall be called in
question in any court on the ground that it does not give effect to such
policy" is invalid.
6. The Constitution (Twenty-ninth Amendment) Act, 1971 is valid.
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- Shonee Kapoor
"" Shonee Kapoor ""
Written 29 Apr.

Haresh.melwani [H L Nathrumal]
1 upvote by Dhruv Victor.

interesting deliberations indeed.

Written 13 Dec, 2013.
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Madhukar Reddy
4 upvotes by Alok Anand, Anubrata Saha, Rinny Rebecca, (more)

in the case of keshvananda bharthi the supeme court overruled its own
decision given in the case of goalk nath case and held that the parilament
could amend any provision of the constitution including fundamental righta in
accordance with........
Written 19 Mar.
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Madhav Pathak
1 upvote by Dhruv Victor.

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10/21/2014

What is the Kesavananda Bharati case and why is it famous? - Quora

I agree with the answer

Written 2 Apr.
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Quora User, I am Awesome

1 upvote by Ishita Bhattacharjee.

Kesavananda Bharati Vs State of Kerala case was one the landmark decision by
Supreme Court. Kesavananda Bharati challenged govt of Kerala at SC for
imposition of restriction on management of property for religious purpose.
The case involved the issue of amendment of Constitution by parliament as
govt was keep on amending constitution as they feel so the important thing
before SC was that can parliament change anything in Constitution ? including
taking away fundamental rights of citizen !!! as there was no provision in
constitution (As per article 368) about the limitation of amendment to
constitution till Kesavananda case, which raises doubts about constitution's
validity and originality and alert the Supreme court Who is Supreme Guardian
of Constitution.
SC by judgment declared that Parliament can change in the constitution till
there is no change in the Basic feature of constitution .. mean basic structure of
constitution can be amend by parliament ... and this holy judgement saved the
India's Democracy as can be seen now a days.. thank you so much to
kesavananda Bharati........
Written 2 Oct.
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