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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?
The landmark Kesavananda Bharati case of 1973 marks a pivotal moment in the constitutional history of India, representing the continuing tussle between the legislature and judiciary over the limits of parliamentary power to amend the Constitution under Article 368. This debate began as early as 1951Read more
The landmark Kesavananda Bharati case of 1973 marks a pivotal moment in the constitutional history of India, representing the continuing tussle between the legislature and judiciary over the limits of parliamentary power to amend the Constitution under Article 368. This debate began as early as 1951 when, in the Shankari Prasad case, the Supreme Court held that Parliament had the power to amend any part of the Constitution, including the Fundamental Rights. Further, the Golaknath case (1967) declared that Parliament could not amend fundamental rights, awarding them a “transcendental position,” thus intensifying the conflict. This was followed by the 24th, 25th, and 29th amendments, which sought to nullify this judgment and assert parliamentary supremacy.
In this backdrop, Kesavananda Bharati, a seer from Kerala, challenged the constitutionality of these amendments. The case was heard by a 13-judge bench of the Supreme Court, the largest in Indian judicial history. This historic judgment introduced the ‘basic structure’ doctrine. The Court ruled that while Parliament has wide powers to amend the Constitution, it cannot alter its ‘basic structure.’ This doctrine was not comprehensively defined but included elements like the supremacy of the Constitution, republican and democratic form of government, secular character, separation of powers, and the federal character of the Constitution.
This case had a profound impact on Indian democracy:
Subsequent cases, such as Indira Gandhi v. Raj Narain (1975) and Minerva Mills v. Union of India (1980), reaffirmed and expanded this doctrine, solidifying its role in India’s constitutional jurisprudence.
While the basic structure doctrine is widely accepted, the exact features it encompasses remain a subject of debate. This ongoing discussion ensures the Constitution remains relevant and adaptable to changing times, while still safeguarding its core values.
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