What is the significance of the Kesavananda Bharati case in Indian constitutional law, especially in relation to the doctrine of basic structure of the Constitution?
ParidhiBegginer
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The Kesavananda Bharati case (1973) is a landmark decision of the Supreme Court of India that has had a profound impact on Indian constitutional law, particularly with regards to the doctrine of the basic structure of the Constitution.
Background:
The case arose from a challenge to the validity of the 24th Amendment to the Constitution, which aimed to amend Article 368 (power of Parliament to amend the Constitution) to restrict judicial review of constitutional amendments. The petitioners, including Kesavananda Bharati, a Hindu priest, argued that the amendment was unconstitutional and violative of the basic structure of the Constitution.
The Judgment:
In a landmark judgment, a majority bench of five judges held that:
Significance:
The Kesavananda Bharati case has far-reaching implications for Indian constitutional law:
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
On 24th april 1973 , Historical judgment by Supreme Court was given in case Kesavananda Bharati case vs State of kerala. This judgment introduced the Basic Structure doctrine which limited Parliament’s power to make drastic amendments that may affect the core values enshrined in the Constitution like secularism and federalism.This judgment give new definition of Doctrine of Basic Structure.
It upheld the validity of the 24th amendment act and opined that parliament is empowered to take away or abridge any of FRs.The verdict open the area of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance — legislative, executive and the judiciary.
significance of the Kesavananda Bharati case in Indian constitutional :–
1.The word “Basic Structure” is not mentioned in the constitution but was recognized for the first time in the Kesavananda Bharati case of 1973.
2.Basic Structure Seeks to preserve constitutional principles and Basic ideals envisioned by the founding fathers.
3.Supremacy of the Constitution: The doctrine has helped to maintain the supremacy of the Constitution and has prevented its destruction by a temporary majority in Parliament.
4.Separation of powers: Basic Structure strengthens our democracy by delineating a true separation of power where the Judiciary is independent of the other two organs.
5.Protects Fundamental Rights: Basic Structure protects the fundamental rights of the citizens against arbitrariness and authoritarianism of the legislature.
6.Constitution as a living document: Being dynamic in nature, it is more progressive and open to changes in time, making the constitution a living document.
Recently, the doctrine has been invoked in cases regarded as examples of judicial outreach.
The Kesavananda Bharati case (1973) is a landmark judgment that has profoundly impacted Indian constitutional law. It introduced the doctrine of “Basic Structure,” which posits that the Constitution has an unalterable core that cannot be abrogated by Parliament.
In this case, the Supreme Court held that while Parliament has the power to amend the Constitution, it cannot destroy its basic structure, which encompasses fundamental rights, democratic principles, and the rule of law. This doctrine has since served as a bulwark against arbitrary amendments, ensuring that the Constitution’s essential features remain sacrosanct.
This case is significant as it:
– Established the Supreme Court as the guardian of the Constitution
– Limited Parliament’s power to make drastic changes
– Ensured the protection of fundamental rights and democratic principles
– Reinforced the Constitution’s supremacy
In conclusion, the Kesavananda Bharati case has been a crucial precedent in Indian constitutional law, shaping the country’s legal framework and reinforcing the Constitution’s inviolable character.
The “basic structure” doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of Keshavananda bharati vs State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the constitution as follows.
Preserving the spirit of the constitution:
The basic structure doctrine has ensured over the years that the constitution cannot be tampered with arbitrary by the legislature or the executive.
For example; in Keshavananda bharati vs State of Kerala(1973), the supreme court ruled that article 368 of the constitution did not provide the parliament the authority to change the basic structure of the constitution.
Preserving judicial independence:
The basic structure doctrine has helped preserve judicial independence in india by empowering the judiciary to strike down unconstitutional laws.
For example: the NJAC act,2014 which aimed to replace the collegium system for appointing judges was struck down by the sc in 2015.
Upholding secularism:
The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
For example: In the case of S.R Bommai vs union of India (1994), the supreme court held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the constitution remains the ultimate authority in the country,and that the principles of federalism, secularism, democracy and fundamental rights are upheld.
The “basic structure” doctrine is an Indian judicial innovation which States that the constitution of India has certain basic features that cannot be altered or destroyed even through amendments by the legislature. It was first introduced by the supreme court of India in the landmark case of Keshavananda bharati vs State of Kerala in 1973.
Basic structure doctrine has prevented the state from bypassing the underlying principles of the constitution as follows.
Preserving the spirit of the constitution:
The basic structure doctrine has ensured over the years that the constitution cannot be tampered with arbitrary by the legislature or the executive.
For example; in Keshavananda bharati vs State of Kerala(1973), the supreme court ruled that article 368 of the constitution did not provide the parliament the authority to change the basic structure of the constitution.
Preserving judicial independence:
The basic structure doctrine has helped preserve judicial independence in india by empowering the judiciary to strike down unconstitutional laws.
For example: the NJAC act,2014 which aimed to replace the collegium system for appointing judges was struck down by the sc in 2015.
Upholding secularism:
The doctrine has prevented the State from adopting measures that would undermine the secular nature of the polity.
For example: In the case of S.R Bommai vs union of India (1994), the supreme court held that secularism is a part of the basic structure.
The basic structure doctrine has thus helped to ensure that the constitution remains the ultimate authority in the country,and that the principles of federalism, secularism, democracy and fundamental rights are upheld.