Published on: 24th December 2025
Authored by: Shreya Mahesh Patil
ISMAILSAHEB MULLA LAW COLLEGE, SATARA
The Kesavananda Bharati case stands as one of the most significant constitutional decisions in Indian legal history, establishing the Basic Structure Doctrine that continues to shape constitutional interpretation and amendment processes to this day.
Case Details
Title: Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Court: Supreme Court of India
Bench: 13-Judge Bench comprising S.M. Sikri (CJI), J.M. Shelat, K.S. Hegde, A.N. Grover, A.N. Ray, P. Jaganmohan Reddy, D.G. Palekar, H.R. Khanna, K.K. Mathew, M.H. Beg, S.N. Dwivedi, A.K. Mukherjea, and Y.V. Chandrachud, JJ.
Date of Judgment: April 24, 1973
Relevant Provisions and Statutes
The case primarily dealt with the following constitutional provisions:
Article 368 of the Constitution: Power to amend the Constitution
Fundamental Rights: Part III of the Constitution
Constitutional Amendments: 24th, 25th, and 29th Amendments
Brief Facts
Kesavananda Bharati, the head of a religious mutt in Kerala, challenged the Kerala Land Reforms Act, 1963, as it affected his property rights. During the pendency of the proceedings, the 24th, 25th, and 29th Constitutional Amendments were passed, which gave Parliament sweeping powers to amend the Constitution. Bharati amended his petition to challenge the validity of these amendments, arguing they violated his Fundamental Rights.
Issues Before the Court
The Court was called upon to determine three critical questions:
1. Does Parliament have unlimited power to amend the Constitution under Article 368?
2. Can Parliament amend Fundamental Rights?
3. Is there any inherent limitation on the amending power of Parliament?
Judgment
The Court delivered a historic 7:6 majority decision. It held that while Parliament has wide powers to amend the Constitution, it cannot alter or destroy the “basic structure” of the Constitution. This judgment established the Basic Structure Doctrine, which limits the scope of constitutional amendments and has become a cornerstone of Indian constitutional law.
Ratio Decidendi
Parliament can amend any part of the Constitution, including Fundamental Rights. However, it cannot amend or abrogate the basic structure or essential features of the Constitution. These essential features include the supremacy of the Constitution, rule of law, separation of powers, and fundamental rights.
Final Decision
The Supreme Court’s ruling had the following implications:
1. The 24th Amendment and parts of the 25th Amendment were upheld.
2. The Basic Structure Doctrine was established as a constitutional principle.
3. This became a landmark decision in safeguarding constitutional supremacy and limiting arbitrary amendments.
Conclusion
The Kesavananda Bharati case represents a watershed moment in Indian constitutional jurisprudence. By recognizing that certain fundamental features of the Constitution are beyond the reach of Parliament’s amending power, the Supreme Court ensured that the Constitution’s core values and principles would remain protected against potential abuse of the amendment process. This doctrine continues to serve as a vital check on parliamentary power and remains relevant in contemporary constitutional debates.
