Judges: S. M. Sikri (C.J.), A. N. Grover, A. N. Ray, D. G. Palekar, H. R. Khanna, J. M. Shelat, K. K. Mathew, K. S. Hegde, M.H. Beg, P. Jaganmohan Reddy, S. N. Dwivedi, Y. V. Chandrachud.
Key Concepts
Basic Structure Doctrine: The core principles of the Indian Constitution that are inviolable and cannot be amended by Parliament.
Judgement Details
Majority Decision (7-6): Asserted that the Supreme Court has the right to strike down constitutional amendments that violate the basic structure of the Constitution.
Doctrine Formation: The case established the basic structure doctrine, which is essential for judicial review of constitutional amendments.
Case Background
Petitioner: Swami Kesavananda Bharati, head of Edneer Matha, challenged the Kerala government's imposition of restrictions under land reform acts on managing monastery property.
Legal Representation: Nanabhoy Palkhivala, assisted by Fali Nariman and Soli Sorabjee.
Constitutional Implications
Article 368: The Court ruled that while Parliament can amend the Constitution, it cannot alter the basic structure or identity.
Article 31-C: Upheld the constitutionality of certain laws supporting Directive Principles, unless they affect the basic structure.
Court's Opinion
Chief Justice S. M. Sikri: Fundamental rights cannot be abrogated; amendments must preserve the basic structure of the Constitution.
Judges Shelat and Grover: Emphasized the harmony between fundamental rights and directive principles; amendments should not damage the Constitution's identity.
Judges Hegde and Mukherjea: Highlighted the social philosophy of the Constitution and the importance of not altering its fundamental features.
Consequences
Impact on Property Rights: The judgement defined the extent of Parliament's power to amend property rights.
Political Reaction: The ruling led to political controversies, including the unusual promotion of Justice A. N. Ray over senior judges.
Legacy
42nd Amendment: The judgement influenced the 1976 Amendment, which attempted to curb the court's power.
International Influence: The basic structure doctrine was later adopted by the Supreme Court of Bangladesh in a similar ruling.
Further Reading
Books:
"The Kesavananda Bharati Case: The untold story of struggle for supremacy by Supreme Court and Parliament" by T R Andhyarujina
"Basic Structure Constitutionalism: Revisiting Kesavananda Bharati" edited by Sanjay S. Jain and Sathya Narayan.