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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In other words, ran Parliament abrogate the fundamental rights in order to give effect to some of the directive principles? It is true every provision is prima facie amendable under Article but this does not solve the problem before us. kesavanqnda

This was struck down by the Supreme Court, although it upheld the right of Parliament to nationalise banks bhraati other industries. Views Read Edit View history.

Kesavananda Bharati vs State Of Kerala And Anr on 24 April,

Category Index Outline Portal. This basic structure doctrine, as future events showed, saved Indian democracy and Kesavananda Bharati will always occupy a hallowed place in our constitutional history. State of Bombay 1 SCR Article 50 directs that the State shall take steps to separate the judiciary from the executive in the public services of the State. Any law in force immediately before the commencement of this Constitution Apart from the rule which excludes the preamble generally from consideration in statutory interpretation, it is clear that, when all is said and done, the preamble at the most is, only a recital of the intention which the Act’ seeks to effect; and it is a recital of a present i.

The case that saved Indian democracy

Amendment of the Schedule. State of Punjaband considered the validity of the 24th, 25th, 26th and 29th amendments. A bribery tribunal, of which there may be any number, is composed of three members selected from a panel Section It is this freedom from tyranny which, according to the petitioners, has been taken away by the impugned Article 31C which has been inserted by the Twenty-fifth Amendment.

Article deals with the summoning of the House of Legislature and its kesavanada are similar to that of Article. Whereas it is essential to promote the development of friendly relations kesavznanda nations. The bill in the present case having been admittedly amended in several particulars during its passage through the House, the Amendment Act cannot be said to have been passed in conformity with the procedure prescribed in Article These drastic amendments were challenged by Kesavananda Bharati, the head of a math in Kerala, and several coal, sugar and running companies.


In some articles, the word “amendment” in the context has a wide meaning and in another context it has a narrow meaning. But in order to give these minorities kesafananda particularly the smaller minorities like the Indian Christians and the Anglo-Indians and also the tribal representatives a better opportunity of influencing minority provisions, we have made provision for the setting up by the Constitution-making body of an influential advisory Commission which will take the initiative in the preparation of the list of fundamental rights, the minority protection clauses and the proposals for the administration of tribal and excluded areas.

Retrieved 1 December Seervai, the power of amendment given by Article 4read with Articles 2 and 3, ArticleFifth Schedule and Sixth Schedule, is a limited power limited to certain provisions of the Constitution, while the power under Article is not limited. Now I may briefly describe the scheme of the Constitution. I still think so. The only limitation, we recognise kesavananca that in regard to certain major communal issues the decision should be by a majority of each of the two major communities.

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.

According to Gajendragadkar, C. Edneer MuttKasaragod districtKerala, India. Palkhivala in support of his argument that Part III similarly entrenched various religious and racial and other matters and these represented solemn balance of rights between the citizens of India, the fundamental conditions on which inter se they accepted the Constitution of Kesxvananda and these are, therefore, unalterable under the Constitution of India.

Sen relied heavily on the speeches of Dr. Special Sub-Committee minutes June 9, I said in Spratt v. Retrieved 8 December Datar April 24, Citation s 4 SCC Holding There are certain principles within the framework of Indian Constitution which are inviolable and hence cannot be amended by the Parliament.

These implications, or perhaps it were better to say underlying assumptions of the Constitution, relate to the use of a power not to the inherent nature of the subject matter of the cass. Retrieved from ” https: He further prayed for an appropriate writ or order to issue during the pendency of the petition.


The case that saved Indian democracy – The Hindu

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.

In his preliminary note on the fundamental Rights, Sir B. The Tribunal sentenced him to a term of imprisonment and fine. One must pause and ask the question as to why did the Constituent.

There was difference of opinion among the Judges. The fundamental rights were considered of such importance that right was given to an aggrieved person to move the highest court of the land, i.

The question, then, is one of construction and in the ultimate resort must be determined upon tht actual words used, read not in vacuo but as occurring in a single complex instrument, in which one part may throw light on another.

Amendment is a legislative process. It is in the latter sense that in my view of the matter, implications have a place in the interpretation of the Constitution: Article 23 prohibits traffic in human beings and other similar forms of forced labour.

When the Constituent Assembly has completed its labours, His Majesty’s Government will recommend to Parliament such action as may be necessary for the cession of sovereignty to the Indian people, subject only to two matters which are mentioned in the statement and which, we believe are not controversial, namely, adequate provision for the protection of the minorities paragraph 20 of the statement and willingness to conclude a treaty with His Majesty’s Government to cover matters arising out of the transfer of power paragraph 22 of the statement P.

It gives the latest view of that Court on the subject. bbarati

Therefore, in order to appreciate the real content of the expression “amendment of this Constitution”, in Article I must look at the whole structure of the Constitution.

Clause c of eksavananda proviso mentions the Lists in the Seventh Schedule, Clause d mentions the representation of States in Parliament, and Clause e the provisions of Article itself. Part I of the Constitution deals with “the Union and its Territory”.