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Fundamental Rights
The Kesavananda Bharati v. State of Kerela (1973) is a landmark legal case in India that questioned the Fundamental Right to Property as per constitutional reforms. It significantly influenced the interpretation of fundamental rights and the state's power in land ownership. Due to limitations on lanRead more
The Kesavananda Bharati v. State of Kerela (1973) is a landmark legal case in India that questioned the Fundamental Right to Property as per constitutional reforms. It significantly influenced the interpretation of fundamental rights and the state’s power in land ownership.
Due to limitations on land ownership brought about by the Kerala Land Reforms Act of 1963, Kesavananda Bharati challenged the act because it violated his fundamental rights. The purpose of this measure was to reduce economic disparities.
The debates focused on how the Indian Constitution protects fundamental rights.
The Basic Structure Doctrine was established by the Supreme Court’s historic decision in the Kesavananda Bharati case. This doctrine permits Parliament to amend the Constitution while upholding fundamental elements such as the separation of powers, democratic governance, secularism, and the supremacy of the Constitution. This decision maintains India’s democracy by striking a balance between responsibility and authority.
The ability of Parliament to amend the Constitution was strengthened, enabling it to limit specific Fundamental Rights to meet social demands. This emphasizes the importance of evolving governance.
The Supreme Court established the ‘Basic Structure Doctrine’, which restricts Parliament’s ability to modify the Constitution while maintaining its basic elements. This serves as a crucial check on the power of the legislature.
The decision demonstrates the Supreme Court’s ability to interpret the law imaginatively, thereby shielding democracy from possible parliamentary overreach.