Case Overview: Kesavananda vs State of Kerala
In 1973, the Supreme Court of India heard the case of Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. This case is considered a landmark judgment in Indian constitutional law, as it established the doctrine of the basic structure of the Constitution.
The Background
The case arose from a dispute over a piece of land owned by the Hindu religious institution of which Kesavananda Bharati was the head. The Kerala government had passed a law that allowed it to take over such lands, which Kesavananda challenged as a violation of his religious freedom.
The Issue
The case raised several constitutional issues, including the extent of the power of the Parliament to amend the Constitution and the relationship between the fundamental rights and the directive principles of state policy.
The Judgment
The Supreme Court, in a 7-6 decision, held that the Constitution had a "basic structure" that could not be amended by the Parliament. The Court also held that the fundamental rights and directive principles must be read together and that the latter could not be used to abrogate the former.
The Impact
The Kesavananda Bharati case is considered a turning point in Indian constitutional law, as it established limits on the power of the Parliament to amend the Constitution. It also clarified the relationship between the fundamental rights and directive principles, which has been used in subsequent cases to protect individual rights.
In conclusion, the Kesavananda Bharati case is an important milestone in Indian constitutional law and continues to be cited in legal cases today.