1. What is the Kesavananda Bharati vs. State of Kerala Case all about?
The Kesavananda Bharati vs. State of Kerala case in 1973 is a landmark judgement that fundamentally shaped Indian constitutional law. It addressed the extent of Parliament’s power to amend the Constitution, particularly focusing on whether it could alter or abolish Fundamental Rights. The case arose when Kesavananda Bharati, the head of a religious sect, challenged the Kerala government’s attempts to impose restrictions on the management of religious property.
2. Facts of the Kesavananda Bharati vs. State of Kerala Case Relevant for UPSC
- Parties Involved: Kesavananda Bharati (petitioner) vs. State of Kerala (respondent).
- Legal Questions:
- Whether Parliament has unlimited power to amend the Constitution under Article 368.
- Whether the amendments made to the Constitution, which affected Fundamental Rights, were valid.
- Noteworthy Events:
- Kesavananda Bharati filed a petition challenging the Kerala government’s land reforms, which affected his religious institution’s property.
- The case escalated to the Supreme Court, where the broader issue of Parliament’s power to amend the Constitution was addressed.
3. What are the Major Judgements/Changes Brought by Kesavananda Bharati vs. State of Kerala Case?
The Supreme Court delivered a historic and complex judgement:
- The Court ruled that Parliament has the power to amend any part of the Constitution, including Fundamental Rights, but this power is not unlimited.
- It introduced the Basic Structure Doctrine, stating that Parliament cannot alter the “basic structure” or essential features of the Constitution. This doctrine includes principles like the supremacy of the Constitution, the rule of law, separation of powers, and fundamental rights.
- The judgement upheld certain amendments but struck down those that were seen as altering the basic structure of the Constitution.
4. What was the Impact of Kesavananda Bharati vs. State of Kerala Case on Indian Constitution?
- Basic Structure Doctrine: The introduction of this doctrine became a cornerstone of Indian constitutional law, ensuring that the core values and principles of the Constitution are preserved.
- Judicial Review of Constitutional Amendments: The judgement reinforced the power of the judiciary to review and strike down constitutional amendments that violate the basic structure.
- Balance of Power: It established a balance between the flexibility of the Constitution and the protection of its fundamental principles, preventing the abuse of parliamentary power.
5. Was this Kesavananda Bharati vs. State of Kerala Case Challenged/Reversed in Future?
The principles established in the Kesavananda Bharati case have been upheld in subsequent judgements. The Basic Structure Doctrine has been reaffirmed by the Supreme Court in various cases, ensuring that the core values of the Constitution remain inviolable.
6. Doctrines/Theories/New Concepts
- Basic Structure Doctrine: This case introduced the doctrine that Parliament cannot amend the Constitution in a manner that destroys its basic structure. This includes elements like the sovereignty of India, democratic character, the secular nature of the state, and judicial review. The doctrine ensures that while the Constitution can evolve, its fundamental principles remain intact.