Case Summary: Kesavananda Bharti v. State of Kerela (1973)

The Kesavananda Bharati v. State of Kerala case (1973) is a landmark Supreme Court decision that established the doctrine of the “basic structure” of the Indian Constitution, significantly impacting the limits of Parliament’s power to amend constitutional provisions.

Case Background

• Petitioner: Kesavananda Bharati, head of Edneer Mutt (a Hindu monastery) in Kerala, challenged the Kerala Land Reforms Act that permitted the state to acquire his religious institution’s land.
• The petition was filed in 1970, invoking various constitutional rights, including the right to equality (Article 14), freedom to acquire property (Article 19(1)(f)), freedom to manage religious affairs (Article 26), and the right to practice religion (Article 25).
• During the case’s pendency, Parliament passed the 24th, 25th, and 29th Amendments aiming to curb judicial review and reinforce Parliament’s authority—these amendments were also challenged by the petitioner.

Core Legal Issues

• Key Question: Does Parliament have unlimited power under Article 368 to amend any part of the Constitution, including fundamental rights?
• The petitioner argued that certain essential features and rights cannot be amended or abrogated, as they form the “basic structure” of the Constitution.
• The government defended Parliament’s right to implement amendments for social justice, claiming these powers were vital for reform and welfare.

Supreme Court Judgment

• A 13-judge bench heard the case, making it the largest bench in Indian judicial history.
• The verdict was delivered on April 24, 1973, with a narrow majority of 7:6.
• The Court ruled that Parliament’s power to amend the Constitution is broad but not unlimited; Parliament cannot amend or destroy the “basic structure” or fundamental features of the Constitution.
• This doctrine acts as a safeguard against legislative overreach and upholds democracy

Significance and Legacy

• The Kesavananda Bharati case cemented the judiciary’s role as guardian of the Constitution’s core values.
• The “basic structure” doctrine now forms the basis for constitutional judicial review in India.
• Fundamental features protected under this doctrine include supremacy of the Constitution, separation of powers, independence of the judiciary, and rule of law.