In Kesavananda Bharti case 1973, the Supreme Court redefined the relationship between the judiciary, executive and legislature and set limits on the amendments that can be made in the Constitution. The UPSC Indian Polity and Governance Syllabus includes Keshvanand Bharti case 1973 which is described in this article.

Kesavananda Bharati

• Since 1961, Kesavananda Bharati has served as the seer of the Edneer Mutt in Kerala's Kasaragod region.
• In 1970, he challenged Kerala's land reforms legislation, which imposed constraints on religious property management.
• The case was brought under Article 26 of the Constitution, which protects the right of religious organisations to administer their property without intervention from the government.:

Significance of Kesavananda Bharati Case

• The judgement is said to be the second most important text after the Constitution of India.
• A 13-judge Bench was set up by the Supreme Court, the biggest so far, to hear the case.
• In Kesavananda Bharati case, relief was sought against the Kerala government vis-à-vis two state land reform laws (under 9th Schedule), which imposed restrictions on the management of the religious property.
• It held that Parliament could amend any part of the Constitution as long as it did not alter or amend the basic structure or essential features of the Constitution.
• It was claimed as the ‘God’s decision’ by the late Kesavananda Bharti: The seer lost the battle but won the war because the amending power was made subject to the basic structure.

Background of Kesavananda Bharti Case

• In the Shankari Prasad case (1951) and Sajjan Singh case (1965) the Supreme Court held that Parliament has the power to amend the Constitution.
• The Supreme Court had ruled that the term “law” in Article 13 must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the Constitution made in exercise of constituent power under Article 368.
• This means Parliament had the power to amend any part of the Constitution including Fundamental rights.
• However, in the Golaknath case (1967), the Supreme Court held that Parliament could not amend Fundamental Rights, and power to amend the Constitution would be only with a Constituent Assembly.
• The Court decided that an amendment made under Article 368 is "law" within the meaning of Article 13 of the Constitution, and so is unlawful if it "takes away or abridged" a Fundamental Right granted under Part III.
• The constitutionally validity of the twenty-fourth, twenty-fifth and twenty-ninth amendments were challenged wherein the court held that even though the Parliament is entitled to amend any provision of the Constitution it should not tamper with the essential features of the constitution; and that Article 31C (2) is void since it takes away invaluable fundamental rights.
• 24th Constitutional (Amendment) Act, 1971- Parliament has a power to amend any part of the Constitution.
• 25th Constitutional (Amendment) Act, 1972 removed right to property as a fundamental right.

Landmark Principles on Kesavananda Bharti case

In Kesavananda case (1973), the Supreme Court established some landmark principles as,

• Upheld the 24th Amendment Act.
• It upheld the first clause of 25th Amendment Act but held the second clause invalid on the ground that judicial review is a basic feature of the Constitution and hence 31C shall be subject to judicial review as basic structure and hence cannot be taken away.
• It overruled Golak Nath judgement and established that:
• Parliament can amend the Constitution but subject to the basic structure;
• Fundamental Rights can be amended.
• The doctrine of basic structure was established.
• The power of Judicial review of the Courts was asserted.

Basic Structure Doctrine

• The basic structure doctrine has its origins in the German Constitution, which was revised following the Nazi era to protect some core laws.
• As a result of that experience, the new German Constitution placed substantive restrictions on Parliament's ability to change specific elements of the Constitution that it deemed to be "fundamental law." The basic structure doctrine has served as the foundation for judicial examination of all laws approved by Parliament in India.
• The concept of Basic Structure of the Constitution is nowhere explicitly mentioned in the Constitution. It is a judicial innovation and was given its shape by the Supreme Court in Kesavananda Bharti vs. State of Kerala case (1973).
• List of the basic features has been expanding through Supreme Court’s interpretations in different cases as follows:
  • The principle of free and fair elections,
  • The concept of social and economic justice to build a welfare state,
  • Supremacy of the Constitution,
  • Rule of law,
  • Independence of the judiciary,
  • Doctrine of separation of powers,
  • Sovereignity,
  • Democratic,
  • Republic structure,
  • The parliamentary system of government,
  • Objectives specified in the Preamble of the Constitution,
  • Judicial Review,
  • Article 32 and 226,
  • Federalism,
  • Secularism,
  • Unity and Integrity of the Nation,
  • Fundamental Rights given in Article 14, 15, 19 and 21,
  • Balance between Fundamental Rights and Directive Principles,
  • Freedom and dignity of Individual,
  • The principle of equality, not every features of equality, but the quintessence of equal justice,
  • Limitations upon the amending power conferred by Article 368 and
  • Effective access to justice.

Recent Context

Kesavananda Bharati Swamiji, the sole unwitting petitioner in the historic Fundamental Rights case which prevented the nation from slipping into a totalitarian regime, died at the age of 80.

Conclusion

The verdict upheld the power of the Supreme Court to judicially review laws of Parliament. It evolved the concept of separation of powers among the three branches of governance- legislative, executive and the judiciary.

FAQs 

Q1: What was the Kesavananda Bharti case about?

Q2: What was the significance of the Kesavananda Bharti case?

Q3: What is the "basic structure" doctrine?

Q4: How did the Kesavananda Bharti case impact future constitutional amendments?

Q5: What was the outcome of the Kesavananda Bharti case?

MCQs 

1. What was the central issue in the Kesavananda Bharti case?

A) Right to property

B) Judicial review

C) Parliament’s power to amend the Constitution

D) Land reforms in Kerala

2. Which constitutional amendment was challenged in the Kesavananda Bharti case?

A) 24th Amendment

B) 25th Amendment

C) 26th Amendment

D) 27th Amendment

3. What did the Supreme Court rule regarding the "basic structure" of the Constitution?

A) It can be altered by Parliament

B) It cannot be altered by Parliament

C) It can only be amended with judicial approval

D) It is not a part of the Constitution

4. Who was the petitioner in the Kesavananda Bharti case?

A) Kesavananda Bharti

B) The Government of Kerala

C) The President of India

D) The Prime Minister of India

5. What was the outcome of the Kesavananda Bharti case regarding the amending power of Parliament?

A) Parliament’s power was unlimited

B) Parliament could amend the Constitution without restrictions

C) Parliament could amend the Constitution but not its basic structure

D) Parliament lost the power to amend the Constitution

GS Mains Questions and Model Answers

Q1: Explain the significance of the Kesavananda Bharti case in shaping constitutional jurisprudence in India.

Answer: The Kesavananda Bharti case is one of the most significant rulings in Indian constitutional law as it established the "basic structure" doctrine. This doctrine limits the powers of Parliament to amend the Constitution, ensuring that fundamental principles such as democracy, the rule of law, judicial review, and federalism remain unchanged. The case also reinforced the role of the judiciary in reviewing legislative actions, emphasizing the importance of checks and balances within the Indian political system. By asserting that Parliament's power to amend the Constitution is not absolute, the Supreme Court safeguarded the Constitution's core values from any potential abuse of power.

Q2: How did the Kesavananda Bharti case influence the relationship between the judiciary and the legislature in India?

Answer: The Kesavananda Bharti case profoundly impacted the relationship between the judiciary and the legislature by affirming the role of the judiciary in reviewing laws passed by Parliament. The introduction of the "basic structure" doctrine gave the judiciary the authority to examine constitutional amendments and ensure they did not alter the essential features of the Constitution. This ruling significantly empowered the judiciary, allowing it to serve as a guardian of constitutional principles, and reinforced the concept of judicial review as a core feature of India’s democratic framework.

Q3: Discuss the implications of the Kesavananda Bharti case for the amendment process in the Indian Constitution.

Answer: The Kesavananda Bharti case clarified that while Parliament holds the power to amend the Constitution under Article 368, this power is not absolute. The Supreme Court established that Parliament cannot alter or amend the "basic structure" of the Constitution, which includes elements like the rule of law, judicial review, and federalism. This ruling has far-reaching implications for the amendment process, as it ensures that no amendment can undermine the fundamental principles of governance enshrined in the Constitution. It provides a safeguard against potential misuse of power by Parliament, ensuring that core values remain protected despite any amendments made to other parts of the Constitution.

Previous Year Questions on the Kesavananda Bharti Case

1. UPSC CSE 2020

Question: "Discuss the impact of the Kesavananda Bharti case on the interpretation of the Constitution's amending power."

Answer: The Kesavananda Bharti case significantly impacted the interpretation of the Constitution's amending power by introducing the "basic structure" doctrine. The case established that while Parliament can amend any part of the Constitution, it cannot alter its basic structure. This ruling ensured that the core principles of the Constitution, such as democracy, the rule of law, and judicial review, could not be changed through amendments. The judgment also reinforced the role of the judiciary in ensuring that amendments did not violate these basic principles.

2. UPSC CSE 2019

Question: "What was the role of the basic structure doctrine in shaping Indian constitutional law?"

Answer: The basic structure doctrine, established in the Kesavananda Bharti case, has played a pivotal role in shaping Indian constitutional law. It restricts the power of Parliament to alter the Constitution by safeguarding its fundamental features. This doctrine has ensured that critical elements such as democracy, judicial review, federalism, and the separation of powers remain inviolable. It has also reinforced the independence of the judiciary, allowing the courts to examine and review constitutional amendments to ensure they adhere to the fundamental structure of the Constitution.