His Holiness Kesavananda Bharati Sripadagalvaru and Ors. Vs State of Kerala and Anr. (Supreme Court of India)
The Kesavananda Bharati case is a landmark judgment in Indian constitutional law that was decided by the Supreme Court of India on April 24, 1973. This case is formally known as “His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr.,” and it had a profound impact on the interpretation of the Indian Constitution. Let’s explore the details of this case:
Background: The case arose from a challenge to the Kerala Land Reforms Act, 1963, which sought to impose restrictions on the rights of religious institutions, including the Math of Kesavananda Bharati, to hold and manage agricultural land. However, the central issue in this case went beyond the specific law and revolved around the interpretation of Article 368 of the Indian Constitution, which deals with the power to amend the Constitution.
Key Issues: The primary questions before the Supreme Court in the Kesavananda Bharati case were:
1. Extent of Parliamentary Power: Does the Parliament of India have an unlimited power to amend the Constitution, or are there inherent limitations on this power?
2. Nature of Limitations: If there are limitations, what is the nature and extent of these limitations?
Basic Structure Doctrine:
The most significant aspect of the Kesavananda Bharati case is the introduction of the “Basic Structure Doctrine.” In its judgment, the Supreme Court held that while Parliament has the power to amend the Constitution under Article 368, it cannot alter or destroy the “basic structure” of the Constitution. The court did not provide an exhaustive list of what constitutes the basic structure, but it identified certain elements, including:






