Case Analysis: Kesavananda Bharati V. The State Of Kerala

Siddhart Singh & Shubhankari Mishra, Parul Institute of Law, Faculty of Law, Parul University, Waghodiya, Vadodara, Gujarat

ABSTRACT

The case of Keshavananda Bharti vs State of Kerala in 1973 was a landmark judgment by the Supreme Court of India that established the basic structure doctrine of the Constitution. The Court held that while Parliament has wide powers to amend the Constitution under Article 368, it cannot use this power to destroy or abrogate the basic structure or framework of the Constitution. This case arose out of a constitutional challenge to the 24th, 25th, and 29th Amendments which sought to get around previous judgments placing limits on Parliament's amendatory powers under Article 368. The Supreme Court, in a 7- 6 majority, upheld these amendments but ruled that Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution. Laws made under Article 368 were subject to judicial review if they violated fundamental rights guaranteed by Part III of the Constitution. This historic judgment marked a significant step in the evolution of constitutional law in India by ensuring that the core and ethos of the Constitution could not be damaged or destroyed through amendments.