Advocate Aankhi Ghosh writes that it is time to reargue Kesavananda Bharati case and reconsider the Basic Structure doctrine. The case of Kesavananda Bharati v. State of Kerala (Kesavananda Bharati) is perhaps the most well-known constitutional decision of the. Kesavananda Bharathi is the case which saved Indian democracy; thanks to Shri Kesavananda Bharati, eminent jurist Nanabhoy Palkhivala and the seven.

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Article 22 gives further protection against arrest and detention in certain cases. This Court issued rule nisi on March 25, Indira Gandhi was a powerful Prime Minister then, having been in the post since January 24, Retrieved 24 June As will be shown later the inclusion of special rights for minorities has great significance.

Norwich Crematorium [] 2 All E. The expression has been described as: Although the Government has not been able to fulfil it completely, it cannot be compelled by any court of law bharait provide such education.

Kesavananda Bharati

Nor is it reasonable to assume that the minds of all those legislators were in accord, or, as it is more tersely put in an American case. And accordingly we find, that it has been constantly referred to by statesmen and jurists to aid them in the exposition of its provisions.

Any law in force immediately before bharwti commencement of this Constitution The bill in the present case having been admittedly amended in several particulars during its passage through the House, the Amendment Act cannot be said to have been passed in conformity with kesavaannda procedure prescribed in Article Dhillon[] 2 S.

He was the only Shankaracharya who has publicly issued a statement saying that it was a mistake on the part of the government to open the vaults of the Shri Padmanabhaswamy Temple and he publicly asserted that all the assets found in the vault of Shri Padnabhaswamy Temple, Thiruvananthapuram, Kerala State of India are indeed the assets of temple and the responsibility vharati managing assets should be handed over to the Trust which is managing the temple.

And the uniform doctrine of the highest judicial authority has accordingly been, that it was the act of the barati, and not of the states; and that it bound the latter, as judtment to the people. The Declaration may not be a legally binding instrument but it shows how India understood the nature of Human Rights. Had this been intended, then there is no reason why the Constituent Assembly would not expressly mention it. He was of the view that even though the relevant provisions of Part III can be justly described as the very foundation and the cornerstone of the democratic way of life ushered in this country by the Constitution, it cannot be said that the fundamental rights guaranteed kesavvananda the citizens are eternal and inviolate in the sense that they can never be abridged or amended.


It would have been unnecessary to refer to juxgment authorities but for the fact that it was strenuously urged that there could not be any implied limitations resulting from the scheme of the Constitution. Such powers embrace only those expressly granted in the body of the Constitution and such kesavnanda may be implied from those so granted”. Having dealt with the question of fundamental rights for minorities, the Minorities Sub-Committee met again on July 21,to consider the political safeguards for minorities and their presentation in the public services.

They claim that democracy can even be replaced and one-party rule established. Press Esc to cancel.

It may be noted that what was implied regarding carrying on trade was made an express provision in the Constitution by the Constitution Seventh Amendment Act,when a new Article judgmennt substituted.

The fact that the said article refers to the two Houses of the Parliament and the President separately and not to the Parliament, does not lead to the inference that the body which is invested with the power to amend is not the Parliament but a different body consisting of the two Houses.

Raj Narain Singh v.

I may now briefly notice the directive principles mentioned in Part IV. A more reasonable inference to be drawn from the whole scheme of the Constitution is that kesqvananda other meaning of “Amendment” is most appropriate. The Union of India [] 2 S. In the United States the Declaration of Independence is sometimes referred to in determining Constitutional questions.

The draft Preamble was considered by the Assembly on October 17, The fact that the First Constitutional amendment, which made important changes to fundamental rights, was passed without the power to amend such rights being questioned, is proof that the intention was not to make Part III unamendable.


Then the Judicial Committee examined the effect of this conflict. Provided that if such amendment seeks to make any change in. Justice Mohammad Hidayatullah previous Chief Justice of India remarked that “this was an attempt of not creating ‘forward looking judges’ but ‘judges looking forward’ to the office of Chief Justice”.

Patna Administration 1 SCR Again, in Article 2the word “amendment” has been used in a limited sense. The proviso throws some light on the problem. Seervai, in reply, submitted that the word “entrenched” meant nothing else that than these provisions were subject to be amended kesavannanda by the procedure prescribed in Section 29 4 of the Ceylon Constitution.

This articles shows the care with which, the circumstances in which, fundamental rights can be restricted or abrogated were contemplated and precisely described. First, it uses the expression “if such amendment seeks to make any change in”; it does not add the words “change of “, or omit “in”, and say “seeks to change” instead of the expression “seeks to make any change in”. Sir Alladi Krishnaswami Ayyar, in his note dated March 14,observed: Return to Text We juudgment no constitutional provision as in Italy where the Constitution lays down that amendments to the Constitution and other constitutional laws are passed by the Chamber of Deputies and the Senate in two successive sessions at an interval of not less than three months, Article Divergent views were expressed, and the Minorities Sub-Committee met on April 17, 18 and 19, to consider this important matter.

Kesavananda Bharati v. State of Kerala – Wikipedia

Per Lord Wright-James v. In his reply dated May 22,the Secretary of State observed: That it has survived the Basic Structure challenge shows that the Court excuses from the purview of the doctrine what seems morally appealing to it.

For the purposes of these kesavaanda, it is sufficient to say that the fundamental rights are within the reach of the amending power.

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