Supreme Court marks 50 years of Kesavananda Bharti case, CJI announces dedicated webpage
Today, April 24 is an important date to remember in the history of the Constitution as the landmark judgment of Kesavananda Bharati v. State of Kerala was pronounced (April 24, 1973). This landmark judgment of the Supreme Court outlined the “basic structure doctrine” of the Constitution of India. On the occasion of its 50th anniversary, Chief Justice of India (CJI) DY Chandrachud announced the formation of a webpage dedicated to the judgment. This webpage provides detailed information regarding the case including the background, legal issues raised, arguments made, conclusion, and reference material used to reach that conclusion. According to the webpage, “The case became one of the most important cases in Indian constitutional history, and Sri Kesavananda Bharti is remembered as a key figure in the fight to uphold the principles of democracy and the rule of law in India.”
The Kesavananda Bharati v. State of Kerala case is popularly known as the ‘Basic Structure Case’ and the ‘Fundamental Rights Case’. To deliver the judgment, the largest Constitution bench of 13 judges was constituted which include then CJI SM Sikri, Justice KS Hegde, Justice AN Ray, Justice DG Palekar, Justice KK Mathew, Justice SN Dwivedi, Justice YV Chandrachud, Justice JM Shelat, Justice AN Grover, Justice P Jaganmohan Reddy, Justice HR Khanna, Justice MH Beg and Justice AK Mukherjea. The decision of the Supreme Court bench, in this case, was by a majority of 7:6, highlighting that the Parliament did not have the power to destroy the basic or fundamental elements or features of the Constitution. Some of the features identified by the bench include the secular character of the Constitution, supremacy of the Constitution, separation of power, unity and sovereignty of India, rule of law, fair elections, and judicial review as a basic structure of the Constitution. The bench also highlighted that the list was not exhaustive.
Previously, in a gathering, CJI addressed the importance of the Kesavananda Bharti case. He said, “The basic structure of our Constitution, like a North Star, guides and gives a certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted. The basic structure or the philosophy of our Constitution is premised on the supremacy of the Constitution, the rule of law, separation of powers, judicial review, secularism, federalism, freedom and dignity of the individual and unity and integrity of the nation.”
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Read full judgement with headnote: Kesavananda Bharti Sripadagalvaru and Ors vs. State of Kerala & anthr.
