Video of Basic Structure Case ‘Kesavanada Bharati’ now available in 10 Indian languages on Supreme Court’s website: CJI

Today (December 07, 2023), Chief Justice of India (CJI) DY Chandrachud, commemorating the 50th anniversary of the landmark case “Kesavananda Bharti”, announced that a video of the judgment is available now in 10 Indian languages on the Supreme Court’s official website. Hindi, Tamil, Malayalam, Kannada, Assamese, Telugu, Odia, Gujarati, Bengali, and Marathi are the 10 Indian languages in which the video is available on the SC website. This was done today before commencing the hearing on the pleas to examine the constitutional validity of Section 6A of the Citizenship Act. CJI said, “The year 2023 commemorates 50 years of judgment in the Kesavananda Bharati case. We had made a web page for the judgment…To reach out to a wider section of society I thought we could translate it into Indian languages because language barriers prevent people from easily understanding the work of the court.” The video provides detailed information about the judgment including case background, key legal issues, the judges who heard the matter, the advocates who appeared in the case, arguments made, contentions presented, and conclusion.  

The landmark case of Kesavananda Bharati v. State of Kerala, decided by the Supreme Court of India in 1973, is of immense importance in the constitutional history of India. It had far-reaching implications and established several crucial principles that continue to shape the interpretation and understanding of the Indian Constitution. The Kesavananda Bharati case is primarily known for introducing the concept of the "Basic Structure Doctrine" in Indian constitutional law. The court held that there are certain core principles and features of the Constitution that are inviolable and cannot be amended by the Parliament, even under its amending power. This doctrine acts as a safeguard against arbitrary changes to the fundamental structure of the Constitution and ensures that the essential values and principles enshrined in it remain intact.

Moreover, the case reaffirmed the significance of fundamental rights and their protection as an integral part of the Constitution's basic structure. It clarified that while the Parliament has the authority to amend fundamental rights, it cannot alter their basic features or dilute their essential character. It also recognized the Supreme Court's authority to review constitutional amendments and struck down the 24th Amendment, which sought to curtail the court's power to adjudicate on constitutional matters. This reaffirmed the judiciary's role as the final interpreter of the Constitution and its ability to safeguard individual rights. The landmark decision was delivered by a bench of 13 judges constituting 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 was announced on April 24, 1973, by a majority of 7:6. The full judgment with headnote is available at https://www.freelaw.in/. Click here to read the judgment with a headnote.