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  • Writer's pictureLa Martiniere Law Society

Keshavananda Bharti vs State of Kerala: Protecting the Essence of Indian Constitution

Introduction: -

  • The Keshavananda Bharti vs State of Kerala case is a landmark judgement in the history of Indian constitutional law. It unfolded in 1973, before the Supreme Court of India, and its significance lies in its determination of the basic structure doctrine, which safeguards the essence of the Indian Constitution.

Background: -

  • In the 1960s and early 1970s, India witnessed significant political and social transformations. Amidst these changes, the government of Kerala sought to implement land reform measures, including placing limitations on property rights. Challengers argued that these reforms violated their fundamental rights, specifically the right to property enshrined in the Constitution.

  • The case revolved around two key issues: first, whether the Parliament possessed the power to amend any part of the Constitution, and second, whether there were any particular limits to this amending power. The core question was whether there existed a "basic structure" of the Constitution that could not be altered even through constitutional amendments.


Analysis: -

  • To understand the case better, let's use a very simple analogy. Imagine a building constructed with strong pillars, walls, and a roof. These elements are essential to maintaining the stability and integrity of the structure.

  • Similarly, the Indian Constitution has its own pillars, such as democracy, secularism, fundamental rights, and judicial review. These pillars form the basic structure of the Constitution. The Supreme Court, through its judgment, recognized the existence of this basic structure and asserted that it could not be destroyed or altered by any constitutional amendment. In other words, Parliament's power to amend the Constitution was not unlimited. The court held that while Parliament could amend any part of the Constitution, it could not tamper with its basic structure.

  • This ruling ensured that the essence of the Indian Constitution, the fundamental principles upon which it was built, would remain inviolable. It protected the rights and freedoms of the people, ensured the separation of powers, and preserved the democratic and secular fabric of the nation.


Conclusion: -

The Keshavananda Bharti case stands as a watershed moment in India's constitutional history. Its legacy lies in safeguarding the foundational values and principles of the Constitution. By establishing the basic structure doctrine, the court upheld the supremacy of the Constitution and the judiciary's role as its guardian. In essence, the Keshavananda Bharti case was a triumph for constitutionalism, securing the rights and liberties of the people. It reaffirmed that the Indian Constitution is not just a static document but a living, breathing embodiment of the aspirations and values of the nation. Through its profound impact, this case serves as a reminder to all, young and old, that the Constitution is the supreme law of the land and the guardian of our rights. It inspires us to cherish and protect the fundamental principles upon which our democracy thrives, empowering each individual and strengthening the fabric of our diverse society.


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