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Kesavananda Bharati case

The Kesavananda Bharati case, also known as the Basic Structure Doctrine case, was a landmark decision of the Supreme Court of India in 1973. The case was brought by Kesavananda Bharati, the head of a Hindu monastery in Kerala, who challenged the constitutional validity of the Kerala Land Reforms Act of 1963. The Act had imposed restrictions on the ownership and management of property by religious institutions, including the monastery.

The Supreme Court, in a 7-6 decision, upheld the constitutional validity of the Act but also held that the Constitution of India has a basic structure that cannot be amended by Parliament. The basic structure includes the fundamental rights guaranteed by the Constitution, such as the right to equality, the right to freedom of speech and expression, and the right to property. The Court held that Parliament can amend the Constitution, but it cannot amend the basic structure.

The Kesavananda Bharati case was a major victory for the Supreme Court and for the protection of fundamental rights in India. The decision established the basic structure doctrine, which has been used by the Court to strike down a number of amendments to the Constitution that were seen as violating the basic structure. The doctrine has helped to ensure that the Constitution of India remains a strong and vibrant document that protects the rights of all Indians.

The basic structure doctrine has been criticized by some who argue that it gives too much power to the Supreme Court. However, the doctrine has also been praised by others who argue that it is necessary to protect the fundamental rights of Indians from arbitrary amendments to the Constitution. The basic structure doctrine remains a controversial issue in Indian constitutional law, but it is clear that it has played a significant role in protecting the rights of Indians.

Here are some of the key takeaways from the Kesavananda Bharati case:

The Constitution of India has a basic structure that cannot be amended by Parliament.

The basic structure includes the fundamental rights guaranteed by the Constitution.

Parliament can amend the Constitution, but it cannot amend the basic structure.

The basic structure doctrine has been used by the Supreme Court to strike down a number of amendments to the Constitution that were seen as violating the basic structure.

The basic structure doctrine has helped to ensure that the Constitution of India remains a strong and vibrant document that protects the rights of all Indians

2 thoughts on “Kesavananda Bharati case”

  1. This is very helpful please post more such blogs. It’s help me to complete my sem exams

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