Published On: December 28th 2025
Authored By: Aishwarya R
Christ Academy Institute of Law
- Case Title: Kesavananda Bharati v. State of Kerala
- Citation: AIR 1973 SC 1461
- Court: Supreme Court of India
- Bench: Chief Justice S.M. Sikri (CJI), Justices J.M. Shelat, K.S. Hegde, A.N. Grover, A.N. Ray, P. Jaganmohan Reddy, D.G. Palekar, K.K. Mathew, M.H. Beg, Y.V. Chandrachud, S.N. Dwivedi, H.R. Khanna, and A.K. Mukherjea.
- Date of Judgment: 24 April 1973
- Relevant Provisions/Statutes:
- Constitution of India – Articles 13, 19, 25, 31, 368
- 24th, 25th, 26th, and 29th Constitutional Amendments
- Kerala Land Reforms Act, 1969
Brief Facts:
Kesavananda Bharati, the head of a religious mutt called Edneer Mutt in Kerala, challenged the Kerala Land Reforms Act of 1969 because it limited the mutt’s property rights. While the case was ongoing, Parliament passed the 24th, 25th, 26th, and 29th Constitutional Amendments. These amendments gave Parliament broad powers to change the Constitution, including the Fundamental Rights. The petitioner argued that these amendments violated the Constitution’s basic structure.
Issues:
- Does Parliament have unlimited power to change the Constitution under Article 368?
- Can Parliament change the Fundamental Rights outlined in Part III of the Constitution?
- Is there any implied limit on Parliament’s power to amend?
Judgment:
The Court decided with a 7:6 majority that Parliament does not have unlimited power to amend the Constitution. Parliament can change any part of the Constitution, including Fundamental Rights, but it cannot alter or destroy the Constitution’s “Basic Structure.”
Ratio Decidendi:
The Basic Structure doctrine was established. Certain key features of the Constitution, such as its supremacy, the democratic and republican form of government, secularism, separation of powers, federal character, judicial review, and rule of law, cannot be amended.
Final Decision:
The Court upheld the 24th Amendment as valid. It partly upheld the 25th Amendment, declaring its first part valid while striking down the second part that restricted judicial review. The Court upheld the Kerala Land Reforms Act of 1969 and established the Basic Structure Doctrine, which remains a cornerstone of Indian constitutional law.
