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24 April – Foundation of Basic Structure in Constitution of India

  1. Introduction
  2. Background of the Keshavananda Bharti Case
  3. The Constitutional Issues in the Case
  4. The Decision of the Supreme Court
  5. The Significance of the Keshavananda Bharti Case
  6. Conclusion

Introduction:

The Keshavananda Bharti case is one of the most significant cases in the history of Indian constitutional law. The case was heard by a 13-judge bench of the Supreme Court of India and dealt with the fundamental question of the powers of the Indian Parliament to amend the Constitution. In this article, we will provide a detailed analysis of the case, including its background, constitutional issues, the decision of the Supreme Court, and its significance.

Background of the Keshavananda Bharti Case:

The Keshavananda Bharti case was filed by Keshavananda Bharti, the head of a prominent Hindu monastery in Kerala. The case challenged the constitutional validity of the Kerala Land Reforms Act, 1963, which had placed a ceiling on landholdings. However, the case soon became much larger than the specific issue of land reforms, as it dealt with the fundamental question of the powers of the Indian Parliament to amend the Constitution.

The Constitutional Issues in the Case:

The central issue in the case was whether the Parliament had the power to amend any part of the Constitution, including the fundamental rights. The petitioner argued that the Constitution was a living document and that the Parliament had the power to amend it as it saw fit. However, the judges hearing the case were divided on this issue.

The Decision of the Supreme Court:

Ultimately, the majority of the judges held that while the Parliament had the power to amend the Constitution, this power was not unlimited. They held that the Parliament could not amend the basic structure of the Constitution, which included the fundamental rights, the federal structure of the government, and the independence of the judiciary.

The Significance of the Keshavananda Bharti Case:

The Keshavananda Bharti case has had far-reaching implications for Indian constitutional law. It established the supremacy of the Constitution and the independence of the judiciary, ensuring that the government could not make arbitrary changes to the Constitution without proper scrutiny. The decision also ensured that the fundamental rights of Indian citizens were protected from arbitrary changes by the Parliament.

Conclusion:

In conclusion, the Keshavananda Bharti case is a landmark judgment that has played a critical role in shaping Indian constitutional law. Its significance extends far beyond the specific issue of land reforms and remains relevant to the challenges facing Indian democracy today. The case stands as a testament to the resilience of India’s democratic institutions and the enduring importance of the rule of law.

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