Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. Citation - AIR 1973 SC 1461 CASE NO - Writ Petition (civil) 135 of 1970

1. DIGVIJAY GANPATI
B.A. LL.B. (1st Semester)
School of Legal Studies, CMR University
AIR 1973 SC 1461
KESAVANANDA BHARTI
Vs
STATE OF KERALA
DIGVIJAY GANPATI 1

2. Introduction
 Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. (case
citation: (1973) 4 SCC 225)Judgement is a landmark decision of the Supreme
Court of India.
 This Judgement outlined the Basic Structure Doctrine of the
Constitution.
 The Supreme Court constituted its largest ever bench of 13 judges to
decide whether Parliament had the unfettered right to
amend the Constitution or not, in regards of any provision of the
constitution by virtue of Article 368.
 The bench gave separate judgements, which agreed on some points and
differed on others.
 Paved the way for struggle between Parliament and Judiciary.
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3. History of amending power of parliament
 Shankari Prasad Vs Union of India (AIR 1951 SC
458)
 Sajjan Singh Vs State of Rajasthan (AIR 1965 SC
845)
 I.C. Golaknath Vs State of Punjab (AIR 1967 SC
1643)
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4. Shankari Prasad Vs Union of India
 Passed in Year 1951
 The Validity of 1st amendment was challenged.
 Supreme Court Says Ordinary Law and Amendment are different.
Article 13
Article 368
 Means parliament can take away fundamental rights by
constitutional amendments and that will not be void under article 13.
There is conflict between these two
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5. Sajjan Singh Vs State of Rajasthan
 17th Amendment was challenged.
 Held that amendment is valid.
 Parliament can amend anything in the constitution
according to procedure laid down in Art.368.
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6. I.C. Golaknath vs State of Punjab
 1st Amendment and 17th amendment was challenged.
 Supreme Court Ruled That Parliament Can not Curtail any
of the fundamental rights in the constitution because
they are sacrosanct in nature.
 Supreme Court said that constitutional amendment is also
a Law under article 13.
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7. AMENDMENTS
 Many amendment brought about by parliament to override the
controversial judgements standing in the way of parliament and to
uphold their power to amend.
 24th amendment
 25th amendment
 29th amendment
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8. 24th Amendment
 Passed in the year 1971
 Objective- to remove hindrance and difficulties created by the
decision of S.C in the year 1967 in Golaknath Case.
 The government of India can amend any part of Constitution Of India
including the Fundamental Rights.
 President obligation to give assent to bill amending the constitution.
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9. 25th Amendment
 Passed in the year 1972.
 Art 31 Clause 2 amended.
 The government of India can acquire property of any citizen of India
and price of property is fixed by government.
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10. 29th Amendment
 29th Amendment passed in the year 1972.
 Kerala Govt. faced practical difficulties and to overcome them amended
Kerala land Reform Act, 1963 through:-
(A)Kerala land Reform (Amendment) Act, 1969, and
(B)Kerala land Reform (Amendment) Act, 1971
 29th Amendment - include these amendment acts in 9th schedule to the
constitution.
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11. Article: 31 B and Ninth Schedule
 Ninth schedule and Article 31 B complement each other.
 Art 31 B came into effect by way of 1st amendment act, 1951.
 Art 31 B talks about protection given to all acts and regulations
mentioned in 9th schedule nor any of the provision thereof shall be
declared void, or ever have to become void on grounds that such act
and regulation takes away or violate the F.R.
 All acts in 9th schedule are provided immunity from judicial review,
overriding judgements, decree and order to the contrary, if any.
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12. KESAVANANDA BHARTI Vs STATE OF KERALA
 Swami Kesavananda Bharati, senior plaintiff and head of "Edneer
Mutt" - a Hindu Mutt situated in Edneer, a village in Kasaragod district
of Kerala
 Kerala government's attempts, under two state land reform acts, to
impose restrictions on the management of religious property.
 A noted Indian jurist, Nanabhoy Palkhivala, convinced Swami into
filing his petition under Article 26, concerning the right to manage
religiously owned property without government interference.
 According to Article-25 and Article-26 – It empowers Indian Citizen
or a Trust to manage religious property.
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13. ISSUES
 Whether any limitation or restriction could be placed on
the amending power of parliament ?
 Validity of 24th 25th and 29th amendment of C.O.I ?
 Whether law word includes amendment ?
 What exactly is basic structure doctrine ?
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14. Judgement
 The Supreme Court reviewed the decision in Golaknath v. State of Punjab.
 And considered the validity of the 24th, 25th,and 29th amendments.
 The case was heard by the largest ever Constitution Bench of 13 Judges.
Judgement is in the ratio of 7:6
 After 68 days hearing on 24th april 1973 supreme courts come to a Verdict
which is :-
(a) Parliament Could amend any part of the constitution, but
(b) Basic structure can’t be altered.
 Held that though parliament had wide powers to amend, such powers
were curtailed by maintaining the basic spirit of constitution.
 Judicial Review also part of basic structure.
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15. What is Basic Structure Doctrine?
 The basic structure doctrine is an Indian judicial principle that the
Constitution of India has certain basic features that cannot be altered or
destroyed through amendments by the parliament.
 The majority had differing opinions on what the "basic structure" of the
Constitution comprised –
 According to Chief Justice Sarv Mittra Sikri –
 The supremacy of the constitution.
 A republican and democratic form of government.
 The secular character of the Constitution.
 The federal character of the Constitution.
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16.  According to Justices Shelat and Grover –
 The mandate to build a welfare state contained in the Directive Principles of
State Policy.
 Maintenance of the unity and integrity of India.
 The sovereignty of the country.
 According to Justices Hegde and Mukherjea –
 The sovereignty of India.
 The democratic character of the polity.
 The unity of the country.
 Essential features of individual freedoms.
 The mandate to build a welfare state.
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17. 42nd Amendment
 Passed in year 1976
 Almost all parts of the Constitution, including the Preamble and amending
clause, were changed by the 42nd Amendment.
 The Parliament was given unrestrained power to amend any parts of the
Constitution,without judicial review.
 This essentially invalidated the Supreme Court's ruling in Kesavananda Bharati
v. State of Kerala in 1973.
 The amendment to article 368, prevented any constitutional amendment
from being "called in question in any Court on any ground".
 It also declared that there would be no limitation whatever on the
constituent power of Parliament to amend the Constitution.
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18. Minerva Mills Ltd. Vs Union Of India
 AIR 1980 SC 1789
 The above clauses were unanimously ruled as unconstitutional. Chief Justice
Y.V. Chandrachud explained in his opinion that since, as had been previously
held in Kesavananda Bharati v. State of Kerala, the power of Parliament to
amend the constitution was limited.
 A limited amending power is one of the basic features of our Constitution
and therefore, the limitations on that power can not be destroyed.
 The Parliament cannot under the exercise of that limited power enlarge that
very power into an absolute power.
 Constitution is supreme not the parliament.
 Doctrine of Basic Structure was reinforced from the Kesavananda Bharati v.
State of Kerala case.
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