Kesavananda Bharathi is the case which saved Indian democracy; thanks to Shri Kesavananda Bharati, eminent jurist Nanabhoy Palkhivala and the seven. CASE NO.: Writ Petition (civil) of PETITIONER: Kesavananda Bharati Sripadagalvaru and Ors RESPONDENT: State of Kerala and Anr DATE OF. The case of Kesavananda Bharati v State of Kerala had been heard for 68 days, the arguments commencing on October 31, , and ending.

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Prince Ernest Augustus of Hanover [] A. Retrieved 8 December Constitutional rights saved If the majority of the Supreme Court had held as six judges indeed did that Parliament could alter any part of the Constitution, India would most certainly have degenerated into a totalitarian State or had one-party rule. The view that Article is bharato complete code in itself in respect of the procedure provided by it and does not contemplate any amendment of a Bill for amendment of the Constitution after it has been introduced, and that if the Bill is amended during its passage through the House, the Amendment Act cannot be said to have been passed in conformity with the procedure prescribed by Article and would be invalid, is erroneous.

The case that saved Indian democracy – The Hindu

They are really in the nature of moral precepts for the authorities of the State. We have, therefore, no option but to make the Constitution operative in these States on the basis of its acceptance by the Ruler of the Rajpramukh, as the case may be, who will no doubt consult his Council of Ministers.

On November 10, 13 judges assembled kesqvananda Court Room 1.

It is these points that have now to be decided. In order to properly appreciate that case, it is necessary first to have a look at Sri Sankari Prasad Singh Deo v.

Dhillon[] 2 S. A bribery tribunal, of which there may be any number, is composed of three members selected from a panel Section It may further be observed that the Chief Justice refused to express an opinion on the contention that, in exercise of the power of amendment, Parliament cannot destroy the fundamental structure of the Constitution but can only modify the provision thereof within the framework of the original instrument for its better effectuation.

In other words they did not contemplate a monarchy being set up in India or there being no President. You will remember that we passed the Fundamental Rights Committee’s Report which was sent by the Advisory Committee; the major part of those rights has been disposed of and accepted by this House.

Similarly, Article provides that the President may specify the tribes or tribal communities or parts of or groups within tribes or tribal communities which shall be deemed to be Scheduled Tribes in relation to that State. To this question I have no doubt, both on principle and on authority, that an affirmative answer must be given.


Interestingly, no review was filed against Keshavananda Bharati. Article 32 4 further provides that “the right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

It was expressly voted to be a part of the Constitution. Palkhivala, Indira Gandhi was determined to cut the Supreme Court and the High Courts to size and she introduced a series of constitutional amendments that nullified the Golak NathBank Nationalisation and Privy Purses judgments. The learned Judge held that the essential elements of the basic structure of the Constitution are reflected in its preamble and that some of the important features of the Constitution are justice, freedom of expression and equality of status and opportunity.

Framing of Indian Constitution: The true position is that every provision of the Constitution can be amended provided the basic foundation and structure of the Bbharati remains the same. I will also not discuss the merits of the second conclusion as the same result follows in this keeavananda even kesavanandx it be assumed in favour of the respondents that an amendment of the Constitution is not law within Article 13 2 of the Constitution.

A questionnaire was drafted to enquire about political, economic, religious, educational and cultural safeguards. But implications arising from the existence cass the States as parts of the Commonwealth and as constituents of the federation may restrict the manner in which the Parliament can lawfully exercise its power to kesavanandz laws with respect to a particular subject-matter.

Any law referred to in Clause 1 shall contain kesvaananda provisions for the amendment of this Constitution as may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.

This analysis of the provisions contained in Clauses a and b of the proviso to Article shows that the reason for including certain articles and excluding certain other from the proviso was not that all articles dealing with the federal structure or the status of the States had been selected for inclusion in the proviso.

Kesavananda Bharati – Wikipedia

According to him “Our Preamble is more akin in nature to the American Declaration of Independence July 4, then to the preamble to the Constittuion of the United States. The guarantee of fundamental rights extends to numerous rights and it could not kesavanahda been intended that all of them would remain completely unalterable even if Article 1.

State of Kerala [] S. To illustrate my point, as long as the words ‘sovereign democratic republic’ are there, could the Constitution be amended so as to depart from the democratic form of Government or its republic character?

In his preliminary note on the fundamental Rights, Sir B. In the context of Article 13″law” must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the Constitution made in the exercise of constituent power with the result that Article 13 2 does not affect amendments made under Article Article 48 directs the State to endeavour to organise agriculture and animal husbandry on modern and scientific lines, and in particular, to take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.


This objective has been, to a large extent, carried out without infringing the fundamental rights.

Seven interesting things about Keshvananda Bharati case – The legend lives on!

Article 28 deals with freedom as to attendance at religious instruction or religious worship in certain educational institutions. Indira Gandhi [] 2 S. Five Judges held that Article 13 2 was inapplicable to Acts amending the Constitution. This case furnishes an exact example where implied limitations on the power to amend the Constitution have been inferred by no less a body than the Judicial Committee of the Privy Council.

No State can therefore be formed, admitted or set up by law under Article 4 by the Parliament which has no effective legislative, executive and judicial organs.

But in the one case, this involves byarati addition to what is expressed: I propose to divide my judgment into eight parts. Therefore, the words “amendment of the Constitution” in spite of the width of their sweep and in spite of their amplitude, could not have the effect of empowering the Parliament to destroy or abrogate the basic structure or framework of the Constitution.

Article 47 lays down as one of the duties of the State to raise the standard of living and to improve public health, and to bring about prohibition. If that cannot be done, then, as long as the words “Justice, social, economic and political etc.

Kesavananda Bharati

Section 7 provides that “there shall be a Parliament of the Island which shall consist of His Majesty, and two Chambers to be known respectively as the Senate and the House of Representatives. But it would indeed be strange that rights which are considered to be fundamental and which include one which is guaranteed by the Constitution vide Article 32 should be more easily capable of being abridged or restricted than any of the matters referred to in the proviso to Article some of which are perhaps less vital than fundamental rights.

The tragic review was over but it did irreversible damage to the reputation of Chief Justice A. The other judges strongly opposed this impropriety and the judge Bench was dissolved after two days of arguments. Archived from the original on