In which case was it observed that the court must interpret provisions...
Kesavananda Bharti v. State of Kerala is a landmark decision of the Supreme Court of India. In this case, apart from other assertions by the court, it was observed that the court must interpret the provisions of the Constitution in light of Charter of the United Nations.
In which case was it observed that the court must interpret provisions...
Background:
The case of Kesavananda Bharti v. State of Kerala, also known as the Fundamental Rights case, was heard by the Supreme Court of India in 1973. It is considered one of the most landmark cases in Indian constitutional law.
Interpretation of the Constitution:
The Constitution of India is the supreme law of the land, and it provides a framework for governance and protection of fundamental rights. In the Kesavananda Bharti case, the court had to interpret various provisions of the Constitution, including the scope and extent of the amending power of the Parliament.
Conflict and the Charter of the United Nations:
One of the key issues in the case was whether the amending power of the Parliament could be used to destroy or abrogate the basic structure of the Constitution. The petitioners argued that some amendments made by the Parliament were unconstitutional as they violated the basic structure of the Constitution.
During the course of the arguments, the court observed that the Constitution of India is not an isolated document and should be interpreted in light of the changing times and international law. The court specifically mentioned the Charter of the United Nations as a relevant international document that can inform the interpretation of the Constitution.
Reasoning and Importance:
The court's observation that the Constitution should be interpreted in light of the Charter of the United Nations was significant because it emphasized the importance of international law in shaping domestic constitutional interpretation. This approach recognized that India, as a member of the United Nations, is bound by its principles and obligations.
By considering the Charter of the United Nations, the court demonstrated its commitment to a broader understanding of constitutional interpretation and the protection of fundamental rights. It acknowledged that constitutional principles should not be limited to domestic considerations but should also reflect universal human rights norms.
Impact and Legacy:
The Kesavananda Bharti case established the doctrine of basic structure, which holds that there are certain fundamental features of the Constitution that cannot be amended by the Parliament. This doctrine acts as a check on unlimited amending power and ensures the preservation of the core constitutional principles.
The court's observation on the interpretation of the Constitution in light of the Charter of the United Nations further strengthened the doctrine of basic structure. It expanded the scope of constitutional interpretation and highlighted the importance of international law in shaping domestic legal principles.
Overall, the Kesavananda Bharti case marked a turning point in Indian constitutional jurisprudence and reaffirmed the importance of protecting fundamental rights and upholding the basic structure of the Constitution.
To make sure you are not studying endlessly, EduRev has designed Humanities/Arts study material, with Structured Courses, Videos, & Test Series. Plus get personalized analysis, doubt solving and improvement plans to achieve a great score in Humanities/Arts.