What is the significance of Article 32 of the Indian Constitution, often referred to as the “heart and soul” of the Indian Constitution, in ensuring the enforcement of fundamental rights and the protection of citizens’ constitutional remedies?
In 2023, the judgment of Kesavananda Bharati case completed fifty years. It established the principle concept of 'Basic Structure Doctrine' wherein the Parliament was restricted to overpower and amend the constitution from its base and beyond limits. The outline of the case can be traced in 1950s anRead more
In 2023, the judgment of Kesavananda Bharati case completed fifty years. It established the principle concept of ‘Basic Structure Doctrine’ wherein the Parliament was restricted to overpower and amend the constitution from its base and beyond limits.
The outline of the case can be traced in 1950s and 1960s in Kerala when to diminish the lines of inequality in resource consumption, land reforms were introduced to redistribute land to landless. The government of Kerala imposed restriction on ownership of the religious land of Edneer Mutt, headed by Sh. Kesavananda Bharti, who challenged the Act of Government of Kerala.
Meanwhile,the Parliament of India introduced three major amendments 24th,25th,29th that somehow curtail the powers of judiciary and put constraints on exercising fundamental rights of citizen as well as the operating power to amend the constitution.
Kesavananda Bharti filed a petition to dismantle these amendments as they shake the bedrock of Constitution.Hence, the Supreme Court established the iconic ‘Basic structure Doctrine’
- The largest bench case (13 judges) in Indian history, made sure to keep a check on the Parliament and that every fundamental right is practised without any unfair bonded constraints.
The milestone judgment has safeguarded the aura of democracy and other values and to uphold the supreme charisma of Indian Constitution.
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