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The tussle between the legislature and judiciary culminated in the 'basic structure' doctrine in the Kesavananda Bharati case. Discuss. What is the significance of the case in limiting the power of the Parliament to amend the Constitution?
Indian constitution is a bag of borrowing in which different provisions were extracted from differen constitutions around the world.However the impact of British constitution is overwhelmingly presented . In light of this, there was ambiguity between judicial supremacy and parliamentary sovereigntyRead more
Indian constitution is a bag of borrowing in which different provisions were extracted from differen constitutions around the world.However the impact of British constitution is overwhelmingly presented . In light of this, there was ambiguity between judicial supremacy and parliamentary sovereignty in the Indian constitution which was synthesized with the judgement of Keshavanand Bharti Case (1973).
The tussle was started with first constitution amendment act for land reforms and introduction of Ninth schedule.
Initially the purpose of Ninth schedule was sacrosanct , gradually it was politicised and tussle was started between judiciary and parliament.
The tussle was clearly seen in Golaknath case and 24th and 25th constitutional amendment.
In order to protect the soul of the constitution Supreme court formulated the concept of basic structure in Keshavanand Bharti Case.
The case has following significance in limiting the power of parliament to amend the constitution
1) Basic structure of the constitution – With the help of this principle supreme court prohibited parliament to play with the spirit of the constitution.
2) Separation of power is maintained with this judgement, for example Supreme court stuck down the 99th constitutional amendments act which was breaching the judicial autonomy .
3) It established the healthy federalism between the centre and the state which was rampantly scratched before the judgement . Example – imposition of president rule in the state has become tougher now.
4) Fundamental rights are guaranteed in true sense . Article 14, 15 ,19 ,21 are being implemented in more nuanced way.
5) Limits the politics of appeasement – Supreme court limit the politics of caste and creed. For example in Indira Sahni case it imposed a cap on 50 percent reservation. Recently it stuck down reservation in Bihar on basis of caste over 50% cap.
Basic structure is still not defined in nuanced way . However apex court said that the our constitution is a living document and it will change adopt and enact according to time and circumstances
See lessHence the judgement protected the heart and soul of the constitution and it is our collective responsibility to protect and defend our constitution more proactively.