The Kesavananda Bharati case is one of the most landmark and significant judgments in the history of the Indian judiciary. It was a historic case heard by a 13-judge bench of the Supreme Court of India. The case primarily dealt with the extent of the amending power of the Parliament of India and whether there are any implied limitations on this power.
Key aspects and rulings from the Kesavananda Bharati case:
Basic Structure Doctrine:
The most crucial aspect of this judgment was the formulation of the “Basic Structure Doctrine.” The court held that while Parliament has the power to amend the Constitution, it does not have the power to destroy or alter its basic structure. The court did not precisely define the elements of the basic structure but identified certain features, such as federalism, democracy, and the separation of powers, as forming a part of it.
Scope of Amending Power:
The court ruled that Parliament’s power to amend the Constitution under Article 368 is not unlimited. It cannot change the Constitution in a manner that destroys its basic structure..
Overruling Golaknath Case:
The judgment overruled the earlier decision in Golaknath v. State of Punjab (1967), which had held that Parliament had unlimited power to amend any part of the Constitution
Majority and Dissenting Opinions:
The bench was deeply divided, with 7 judges supporting the majority opinion and 6 judges dissenting. Chief Justice S.M. Sikri, writing for the majority, delivered the opinion that the basic structure doctrine limits the amending power. Justices H.R. Khanna and M.H. Beg were among the dissenting judges.
Impact:
The Kesavananda Bharati case is considered a watershed moment in Indian constitutional law. It ensured that the Constitution’s core principles would remain inviolable even through amendments. The judgment has influenced subsequent decisions and continues to be a reference point for constitutional interpretation in India.
Significance:
The judgment played a crucial role in preserving the balance of power between the judiciary and the legislature. It upheld the supremacy of the Constitution and its core principles while allowing for necessary amendments.
Conclusion:
In conclusion, the Kesavananda Bharati case represents a pivotal moment in the evolution of India’s constitutional framework, shaping the boundaries of parliamentary authority and ensuring the endurance of the country’s democratic and federal structure. The judgment’s legacy endures as a testament to the judiciary’s role in upholding the constitutional values that form the bedrock of Indian democracy.