Which case in Supreme Court of India led to the concept of basic struc...
- Kesavananda Bharati case led to the concept of basic Structure of the constitution of India by Supreme Court of India.
- This concept said that any law against the basic structure of the constitution of India will be against the Indian Constitution and hence it will be struck down in court.
- It is for the first time in Kesavananda Bharati Vs State of Kerala in the year 1973, the Supreme Court of India pronounced this concept.
- Kesavananda Bharati filed a petition in the Supreme Court challenging 29th constitutional amendment in the year 1972 which placed Kerala land reforms Act,1963 in IX Schedule (any law inserted in IX Schedule will be beyond judicial review) of the Indian Consitution.
- The Supreme Court of India upheld the constitutional Amendment but said that the parliament cannot pass constitutional amendments that will alter the basic structure of the constitution.
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Which case in Supreme Court of India led to the concept of basic struc...
Introduction:
The concept of the basic structure of the constitution of India was established by the Supreme Court in the landmark case of Kesavananda Bharati v. State of Kerala in 1973. This case played a crucial role in defining the limits of Parliament's power to amend the Constitution and safeguarding the fundamental rights and principles enshrined in it.
Background:
In the 1960s and early 1970s, there were several instances where the Parliament attempted to amend the Constitution, which raised concerns about the extent of its power to modify the Constitution. The case of Kesavananda Bharati arose when the Kerala government passed the Kerala Land Reforms Act in 1969, which was challenged on the grounds that it violated the fundamental rights guaranteed under the Constitution.
Key Arguments:
The case involved a clash between two fundamental principles: the principle of parliamentary sovereignty and the principle of the rule of law. The petitioners argued that the Constitution was not an ordinary statute that could be amended by a simple majority in Parliament. They contended that there existed a "basic structure" of the Constitution that could not be altered by any constitutional amendment.
The Basic Structure Doctrine:
The Supreme Court, in its landmark judgment, held that although Parliament had the power to amend the Constitution, it did not have the power to destroy or abrogate its basic structure. The court identified certain fundamental features of the Constitution that constituted its basic structure, including:
- Supremacy of the Constitution
- Republican and democratic form of government
- Secularism
- Separation of powers
- Judicial review
- Federalism
Impact and Significance:
The Kesavananda Bharati case established the principle of the basic structure doctrine, which acted as a check on the power of Parliament to amend the Constitution. This doctrine has since been used by the Supreme Court to strike down several constitutional amendments that were found to be in conflict with the basic structure of the Constitution.
The case also reaffirmed the independence and authority of the judiciary as the guardian of the Constitution. It emphasized the importance of judicial review in upholding the fundamental rights of citizens and ensuring the constitutional validity of laws passed by the Parliament and state legislatures.
Conclusion:
The Kesavananda Bharati case marked a significant turning point in the interpretation of the Constitution and the balance of power between the legislature and the judiciary. It established the concept of the basic structure of the Constitution, which acts as a safeguard against any arbitrary or unconstitutional amendments. This landmark case has had a lasting impact on the constitutional jurisprudence of India and has played a vital role in upholding the principles of democracy, secularism, and the rule of law.
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