Role Of Judicial Activism In Kesavanda Bharti Vs State Of Kerala
- IJLLR Journal
- 5 days ago
- 1 min read
Khushee Sabharwal, Symbiosis Law School, Pune
ABSTRACT
The court case that made history in Kesavananda Bharati Vs. State of Kerala (1973) is one of the landmarks in the Indian constitutional jurisprudence where the Supreme Court had described the boundaries of the amending power of Parliament. This case was a result of the challenge to the land reform legislation and the constitutionality of the 24th, 25th, and 29th Constitutional Amendments. By a slender majority of 7:6, the Court declared the Doctrine of Basic Structure whereby it stated that although parliament had the power to amend the constitution under article 368, it could not alter its basic structure. The case is an example of judicial activism exercised by judicial review increases constitutional supremacy, separation of power, and rule of law. This case study explores the context, problems, court reasoning as well as judicial activism and the difference between judicial activism and judicial overreach, as a constitutional guardian.
