Author: Shweta Tiwari, Dr. DY Patil College of Law
Introduction :
The case of Kesavananda Bharati v. State of Kerala (1973) is a landmark in Indian legal history. It is renowned for establishing the “Basic Structure Doctrine,” which is crucial in maintaining the balance of power between the Parliament and the judiciary in India. This case fundamentally shaped the Indian Constitution, ensuring that certain foundational principles remain inviolable. Here’s a comprehensive yet simple look at this historic case, giving it a human touch to understand its profound impact on Indian democracy.
Background of the Case :
In 1970, His Holiness Kesavananda Bharati, the head of a Hindu Mutt (religious institution) in Kerala, filed a petition against the state government. The state government had enacted laws under the Kerala Land Reforms Act, which sought to impose restrictions on the management and ownership of land held by religious institutions. Kesavananda Bharati challenged these laws, arguing that they violated his fundamental rights to property and religion.
The Constitutional Crisis :
At the heart of the dispute was the extent of Parliament’s power to amend the Constitution. The Indian Constitution, adopted in 1950, granted Parliament the authority to amend any part of it. However, this power had been contentious, especially regarding fundamental rights.
Earlier Landmark Cases
Shankari Prasad Case (1951): The Supreme Court ruled that Parliament could amend any part of the Constitution, including fundamental rights.
Golaknath Case (1967): The Supreme Court reversed its stance, stating that Parliament could not amend fundamental rights, as they were outside its purview.
The Turning Point: Kesavananda Bharati Case :
The Bench and the Arguments
The Kesavananda Bharati case was heard by a 13-judge bench of the Supreme Court, the largest ever in Indian history. The arguments were extensive and complex, lasting for 68 days. The key issue was whether Parliament had the unlimited power to amend the Constitution, including fundamental rights.
The Judgment :
On April 24, 1973, the Supreme Court delivered a historic judgment. By a narrow margin of 7-6, the court held that while Parliament had wide powers to amend the Constitution, it could not alter its “basic structure.” The “Basic Structure Doctrine” asserts that certain core elements of the Constitution—like its supremacy, the republican and democratic nature of the government, the secular state, the separation of powers, and the federal structure—cannot be altered by Parliament through amendments.
Key Points of the Basic Structure Doctrine :
Supremacy of the Constitution: The Constitution stands as the highest law in the country, and every law and amendment must align with its provisions.
Republican and Democratic Form of Government: The democratic nature of the Indian polity, including free and fair elections, cannot be altered.
Secular Character of the State: The state must treat all religions equally and maintain a secular stance.
Separation of Powers: The division of powers among the legislature, executive, and judiciary must be maintained.
Federal Character of the Constitution: The division of powers between the central and state governments must be preserved.
The Impact of the Judgment :
Protecting Fundamental Rights :
The Kesavananda Bharati judgment ensured that fundamental rights could not be easily tampered with by the Parliament. This protection was crucial for maintaining the democratic fabric of the nation and safeguarding individual liberties against potential overreach by the state.
Ensuring Judicial Review :
The judgment reinforced the power of judicial review, empowering the Supreme Court and High Courts to strike down amendments and laws that violated the basic structure of the Constitution. This check on parliamentary power is essential to prevent arbitrary and authoritarian rule.
Guiding Future Amendments :
The Basic Structure Doctrine serves as a guiding principle for future constitutional amendments. It ensures that while the Constitution can evolve and adapt to changing times, its core principles remain intact. This balance between flexibility and rigidity is vital for the stability and integrity of the Constitution
Real-Life Implications :
The Kesavananda Bharati case is not just a theoretical concept; it has real-life implications for every Indian citizen. For instance, the doctrine has played a crucial role in several landmark judgments over the years:
Indira Gandhi v. Raj Narain (1975): The Supreme Court struck down clauses of the 39th Amendment, which sought to immunize the election of the Prime Minister from judicial review, as they violated the basic structure of the Constitution.
Minerva Mills Case (1980): The Supreme Court struck down parts of the 42nd Amendment that attempted to curtail judicial review and extend the Parliament’s amending power, reaffirming the basic structure doctrine.
S.R. Bommai v. Union of India (1994): The Supreme Court used the basic structure doctrine to assert that secularism is a fundamental feature of the Constitution, ensuring that any law violating secular principles could be struck down.
The People Behind the Case
While the legal aspects of the Kesavananda Bharati case are critical, it’s equally important to recognize the human elements involved. His Holiness Kesavananda Bharati, a religious leader, found himself at the center of a constitutional battle that would define the future of Indian democracy. Despite being a spiritual figure, his fight was not just for religious or property rights but for the broader principle of constitutional integrity.
The judges who presided over the case, particularly Chief Justice S.M. Sikri, who played a pivotal role in articulating the Basic Structure Doctrine, showed remarkable foresight and dedication to preserving the essence of the Constitution.
Conclusion:
The Kesavananda Bharati v. State of Kerala (1973) case is a cornerstone of Indian constitutional law. It established the Basic Structure Doctrine, ensuring that the core principles of the Constitution remain inviolable. This case not only protected fundamental rights and the power of judicial review but also set a precedent for future constitutional amendments. The judgment’s profound impact continues to shape the democratic and legal landscape of India, ensuring that the Constitution adapts to changing times while preserving its foundational principles.
By understanding the complexities and human elements of this landmark case, we can appreciate the delicate balance between parliamentary power and constitutional integrity that lies at the heart of Indian democracy.
Frequently Asked Questions (FAQs)
Q1: What was the Kesavananda Bharati case about?
A: The Kesavananda Bharati case revolved around a petition filed by His Holiness Kesavananda Bharati, the head of a Hindu religious institution in Kerala, challenging state land reform laws that restricted the management and ownership of land. The case escalated to address the broader issue of the extent of Parliament’s power to amend the Indian Constitution.
Q2: Why is the Kesavananda Bharati case significant?
A: This case is significant because it established the “Basic Structure Doctrine,” which limits Parliament’s power to amend the Constitution. It ensures that certain fundamental principles, such as the supremacy of the Constitution and the democratic nature of the government, cannot be altered by amendments.
Q3: What is the Basic Structure Doctrine?
A: The Basic Structure Doctrine asserts that there are certain core elements of the Constitution—like its supremacy, the democratic form of government, secularism, separation of powers, and the federal structure—that cannot be amended by Parliament.
Q4: What was the outcome of the Kesavananda Bharati case?
A: On April 24, 1973, the Supreme Court ruled by a 7-6 majority that while Parliament has broad powers to amend the Constitution, it cannot change its basic structure. This landmark judgment ensured that fundamental rights and other essential features of the Constitution are protected from being altered.
Q5: Who were the key figures in the Kesavananda Bharati case?
A: His Holiness Kesavananda Bharati was the petitioner. Chief Justice S.M. Sikri and other judges on the 13-judge bench played crucial roles in articulating and deciding the case, particularly in developing the Basic Structure Doctrine.
Q6: Why is understanding the Kesavananda Bharati case important for Indian citizens?
A: Understanding this case is important because it highlights the protection of fundamental rights and the essential features of the Constitution. It underscores the delicate balance between the powers of Parliament and the judiciary, which is vital for preserving democracy and individual freedoms in India.
