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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The Doctrine of Harmonious Construction states that the Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) of the Indian Constitution should be interpreted and applied in a way that allows them to work together in harmony and avoid conflict. The doctrine is based on the idea thRead more
The Doctrine of Harmonious Construction states that the Fundamental Rights (FRs) and Directive Principles of State Policy (DPSP) of the Indian Constitution should be interpreted and applied in a way that allows them to work together in harmony and avoid conflict. The doctrine is based on the idea that the legislature does not intend to create conflicting provisions in a statute, which would be self-contradictory. The court should try to construe each provision of the Constitution so that they can function together seamlessly.
The FRs and DPSPs are often referred to as two sides of the same coin because they both form the core of the Indian Constitution’s philosophy. The FRs are the moral rights of every individual that they should be entitled to, while the DPSP’s are guidelines that every state must adhere to while framing laws.
Some examples of FRs include the right to equality, freedom, and freedom of religion, while some examples of DPSP’s include the right to work, education, and maternity benefits.
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