Kesavananda Bharati v. State of Kerala (1973): The Birth of the Basic Structure Doctrine
The judgment in Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225 is one of the most significant constitutional decisions delivered by the Supreme Court of India. Decided on 24 April 1973, this historic case laid down the Basic Structure Doctrine, fundamentally shaping Indian constitutional jurisprudence.
This article provides a detailed and structured analysis of the case for law students, judiciary aspirants, advocates, and legal professionals.
1. Background and Facts of the Case
The petitioner, His Holiness Sripadagalvaru Kesavananda Bharati, was the head of the Edneer Mutt in Kerala. The Kerala Government enacted land reform laws under the Kerala Land Reforms Act, 1963, which imposed restrictions on property ownership.
The petitioner challenged these laws, arguing that they violated his fundamental rights under:
- Article 14 – Right to Equality
- Article 19(1)(f) – Right to Property (as it then existed)
- Article 25 – Freedom of Religion
- Article 26 – Freedom to Manage Religious Affairs
Meanwhile, Parliament had passed the 24th, 25th, and 29th Constitutional Amendments to protect land reform laws from judicial review. The core issue evolved into whether Parliament had unlimited power to amend the Constitution under Article 368.
2. Legal Issues Involved
- Whether Parliament’s power under Article 368 is unlimited?
- Can Parliament amend Fundamental Rights?
- Can constitutional amendments be challenged in court?
- Is there any implied limitation on the amending power?
3. Bench Strength
This case was heard by the largest Constitutional Bench in Indian history — 13 judges.
The Bench was headed by Chief Justice S.M. Sikri. The judgment was delivered with a narrow majority of 7:6.
4. Arguments from Both Sides
Petitioner’s Arguments
- Article 368 does not give unlimited power to Parliament.
- Fundamental Rights are sacrosanct and cannot be destroyed.
- The Constitution has certain essential features that cannot be altered.
- Earlier decisions like Golaknath v. State of Punjab (1967) had restricted Parliament’s power.
Respondent (State of Kerala & Union of India) Arguments
- Parliament has absolute sovereign power to amend the Constitution.
- Article 368 allows amendment of any provision, including Fundamental Rights.
- There are no implied limitations on Parliament’s amending power.
5. Relevant Constitutional Articles
- Article 368 – Power of Parliament to amend the Constitution
- Article 13 – Laws inconsistent with Fundamental Rights
- Article 14 – Equality before law
- Article 19 – Protection of certain freedoms
- Article 25 & 26 – Freedom of religion
- Article 31 – Right to property (as it existed then)
6. Court’s Reasoning
The Court examined the meaning of “amend” under Article 368. The majority held that:
- Parliament has wide powers to amend the Constitution.
- However, the power is not unlimited.
- Parliament cannot alter the “basic structure” or essential features of the Constitution.
The Court observed that while the Constitution is dynamic and adaptable, it has certain foundational pillars that cannot be destroyed.
7. Final Judgment and Ruling
By a narrow majority of 7:6, the Supreme Court held:
- Parliament can amend any part of the Constitution, including Fundamental Rights.
- However, it cannot destroy or alter the Basic Structure of the Constitution.
- The 24th Amendment was upheld.
- The 25th Amendment was partially upheld.
This judgment overruled parts of Golaknath v. State of Punjab and established a new constitutional doctrine.
8. Legal Principles Established – Basic Structure Doctrine
The Court did not provide an exhaustive list but identified key elements of the Basic Structure:
- Supremacy of the Constitution
- Republican and Democratic form of Government
- Secular character of the Constitution
- Separation of Powers
- Federalism
- Judicial Review
- Rule of Law
These features cannot be amended in a manner that damages or destroys them.
9. Impact on Indian Law and Society
The judgment significantly strengthened constitutionalism in India:
- Protected democracy from authoritarian amendments.
- Strengthened judicial review.
- Maintained balance between Parliament and Judiciary.
- Ensured constitutional supremacy over parliamentary sovereignty.
It became the foundation of modern constitutional jurisprudence in India.
10. Subsequent Developments
The Basic Structure Doctrine was reaffirmed in several landmark cases:
- Indira Nehru Gandhi v. Raj Narain (1975)
- Minerva Mills v. Union of India (1980)
- Waman Rao v. Union of India (1981)
- I.R. Coelho v. State of Tamil Nadu (2007)
In these cases, the Supreme Court struck down constitutional amendments violating the basic structure.
11. Majority and Dissent Opinions
Majority Opinion (7 Judges)
Held that Parliament’s amending power is limited by the Basic Structure Doctrine.
Dissenting Opinion (6 Judges)
The minority held that Parliament has unlimited amending power and there are no implied limitations.
12. Critical Analysis
Strengths:
- Preserved constitutional identity.
- Protected democratic values.
- Prevented abuse of amendment power.
Criticism:
- Doctrine not explicitly mentioned in Constitution.
- Judiciary assumed significant power.
- No precise definition of “basic structure”.
Despite criticism, the doctrine has become a cornerstone of Indian constitutional law.
Conclusion
The decision in Kesavananda Bharati v. State of Kerala (1973) remains the most influential constitutional judgment in Indian history. By introducing the Basic Structure Doctrine, the Supreme Court ensured that while Parliament has the power to amend the Constitution, it cannot alter its essential identity.
For judiciary aspirants, advocates, and constitutional scholars, this case is indispensable in understanding the balance between constitutional supremacy and parliamentary power.
Citation: Kesavananda Bharati v. State of Kerala, (1973) 4 SCC 225.
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