Kesavananda vs State of Kerala Case

The Kesavananda Bharati Case is a landmark judgment delivered by the Supreme Court of India in 1973. It is considered to be one of the most important cases in Indian constitutional history.

The Background of the Case

In 1967, the Kerala government passed the Kerala Land Reforms Act, which sought to introduce land reforms in the state. A group of citizens challenged the legislation in the Supreme Court, arguing that it violated their fundamental rights.

The case was heard by a bench of thirteen judges, which included the Chief Justice of India at the time, Justice S.M. Sikri.

The Issue in the Case

The main issue in the case was whether the Constitution of India could be amended in such a way as to alter the basic structure of the Constitution. The petitioners argued that the Constitution had certain basic features that could not be amended by Parliament.

The Judgment

The Supreme Court, in a 7-6 verdict, held that the Constitution of India could be amended, but that Parliament could not alter the basic structure of the Constitution.

The Court also held that the basic structure of the Constitution included the following features:

- The supremacy of the Constitution
- The republican and democratic form of government
- The secular character of the Constitution
- The separation of powers between the executive, legislature, and judiciary
- The federal character of the Constitution
- The dignity of the individual
- The unity and integrity of the nation

The Impact of the Case

The Kesavananda Bharati Case has had a profound impact on Indian constitutional law. It has helped to define the limits of parliamentary power and has ensured that the Constitution remains a living document that can adapt to changing circumstances.

The case has also been cited in numerous other cases and has been used to strike down amendments to the Constitution that were found to violate the basic structure of the Constitution.