KESAVANANDA BHARATI CASE ANALYSIS PDF

KESAVANANDA BHARATI CASE ANALYSIS PDF

CAM has embarked on an analysis of a series of such landmark decisions in an attempt to present a The case of Kesavananda Bharati v. The critical analysis of Kesavananda Bharati case. Abstract: The more often faceoff between the legislature and the judiciary is one of the. Case Study: Kesavananda Bharati vs State Of Kerala And Anr 24 April, Name of the case – Kesavananda Bharati vs State Of Kerala.

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In conclusion, the learned Judge held that though the power of amendment was wide, it did not comprehend the power to totally abrogate or emasculate or damage any of the fundamental rights or the essential elements of the basic structure of the Constitution or to destroy the identity of the Constitution.

The Court has repeatedly ballooned the contours of the Basic Structure using the certificate of authority given to it by Kesavananda Bharati, and in the process, imposed upon the people of India its own morality and ideology from time to time. However, it did help the Constitution took shape. The petitioners also submitted that it was the Constitution of India which granted the citizens freedom from tyranny which they have suffered at the hands of Colonialism.

Kesavananda Bharati Vs. State of Kerala

According to the learned Judges, the broad contours of the basic elements and the fundamental features of the Constitution are delineated in the preamble and the Parliament has no power to abolish or emasculate those basic elements of fundamental features.

Daphtary termed the incident as “the blackest day in the history of democracy”.

The word ‘amendment’ could not kesavajanda embrace the right to abrogate the pivotal features and the fundamental freedoms and therefore, that part of the basic structure could not be damaged or destroyed. Palkhivala and other counsels anwlysis for the petitioners, argued for 31 days. Constitution will come in direct serious conflict with the rights under Part III. The court by majority overruled the Golak Nath aanlysis which denied parliament the power to amend fundamental rights of the citizens.

Leave a Reply Cancel reply Enter your comment here Maybe it is time to reargue Kesavananda Bharati. It is popularly known as fundamental rights case. Golaknath gave primacy to fundamental rights. The answer to this is slightly more complex. The supremacy of the Constitution; The sovereignty of India; The integrity of the country; The republican form of government; The fundamental rights state in Part III of the constitution; The freedom of the judiciary; The balance between the executive; the legislature and the judiciary; The parliamentary form of government; Lastly, the constitution must continue to be amendable save the kesavahanda structure.

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It also added that Article merely lays down the procedure for the purpose of amendment. The government of Indira Gandhi did not take kindly to this implied restriction on its powers by the court. According to the learned Judges, Parts III and IV of the Constitution which respectively embody the fundamental rights kesavahanda the directive principles have to be balanced and harmonised.

The major findings of the court are as follows: Sikri was to retire.

The basic feature cannot be mauled. A common explanation advanced is that this was permitted because these two words did not change the nature of the Constitution at all, but only explicitly expressed, what it already stood for.

Kesavananda Bharati v. State of Kerala – Wikipedia

Effect of Keshvananda bharti case. The sect had certain lands acquired under its name. The court found the answer to the kesavananad left unanswered in Golaknath viz. To read the entire article, get a premium account. On 24 apr,the case was headed by chief justice sikheri along with 12 other judges.

However, they have, in their conclusion, caxe that in the exercise of this aforementioned power, the Parliament cannot emasculate the basic elements or fundamental features of the Constitution. This argument of restrictive competence with the Parliament was based on the Basic Structure theory propounded by Justice Mudholkar in Sajjan Singh [4].

State of Rajasthan Eminent Jurist, legendary advocate and co-counsel in Kesavananda Bharati Case, Nani Palkhiwala and the seven judges at majority bench were of the opinion that through this fase they have saved Indian democracy which our respected ancestors fought so hard for.

Whereas the founding fathers wanted the Constitution to be an adaptable document rather than a rigid framework for governance hence the provision of amendments were given in Article Union of India and State of Bihar [] S.

The building of a welfare State is the ultimate goal of every Government but that does not mean that in order to build a welfare State, human freedoms have to suffer a total destruction. Granville Austine reproduces the statement that was made by Mrs.

The fundamental question dealt casee Kesavananda Bharati v State of Kerala is whether the power to amend the constitution is an unlimited, or there is identifiable parameters regarding powers to amend the constitution. There was thus an implied limitation on the amending power which prevented the Parliament from abolishing or changing the identity of the Constitution or any of its Basic Structure.

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The case that saved the constitution of India. Applied to fundamental rights, it would be that while fundamental rights cannot be abrogated, reasonable abridgement ksavananda fundamental rights could be effected in the public interest. As fate has it, her charisma and this slogan helped her party return to power gathering almost seats out of total strength of 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 the procedure prescribed in Article In this case validity of the 25th Amendment act was challenged along with the Twenty-fourth and Twenty-ninth Amendments.

And so, 13 judges were to sit on the Kesavananda bench. The Indira Gandhi govt. In order to understand the famous case of Kesavananda Bharathi, one must trace through the basics, events and cases which led to the historic decision. If, the bench had ruled otherwise, these rights and power for which our respected freedom fighters fought so hard would have withered away. Accordingly, every provision of the Constitution was open to amendment provided the basic foundation or structure of the Constitution was not damaged or destroyed.

Fill in your details below or click an icon to log in: It is this voice of the people, and not the Courts, that brought an imperious Indira to her knees. The more often faceoff between the legislature and the judiciary is one of the quintessential features in the s. Besides, how can the Preamble be the source of these unamendable basic features when the Preamble itself is a part of the Constitution, and is as such subject to amendment?

Ironically, today vast number of politicians, who continue to swear by socialism, have declared assets run into crore of rupees. Archived from the original PDF on 3 December Archived from the original PDF on 9 September This doctrine implies that though Parliament has the prerogative to amend the entire Constitution but subject to the condition that they cannot in any manner interfere with the features so fundamental to this Constitution that without them it would be spiritless.

Ironically, this judgment itself is a perfect example of this argument.