50 years of Kesavananda Bharati Judgment

The 50th anniversary of the Kesavananda Bharati Judgment commemorates this landmark decision of the Supreme Court. This judgment paved the way for several other judgments of constitutional importance, which have played a significant role in shaping the current constitutional landscape of the country.

What was Kesavananda Bharati Case(1973)?

In this case, the Supreme Court overruled its judgment in the Golak Nath case. The validity of the 24th Amendment Act was upheld by the Kesavananda Bharati Judgment, which also affirmed that Parliament is empowered to abridge or take away any of the Fundamental Rights.

At the same time, it laid down a new doctrine of the ‘basic structure’ (or ‘basic features’) of the Constitution.

It ruled that the constituent power of Parliament under Article 368 does not enable it to alter the ‘basic structure’ of the Constitution.

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The Kesavananda Bharati case laid the groundwork for several other judgments of constitutional importance:

Indira Nehru Gandhi v Raj Narain (1975): In this case, the Supreme Court held that the right to vote was a fundamental right and that the election of a Prime Minister could be challenged in court.

Maneka Gandhi v. Union of India (1978): In this case, the Supreme Court expanded the scope of the right to life and personal liberty guaranteed by Article 21 of the Constitution and held that the procedure established by law must be reasonable, just, and fair.

Minerva Mills Ltd. v. Union of India (1980): In this case, the Supreme Court upheld the principle of basic structure and struck down parts of the 42nd Amendment to the Constitution, which had given Parliament the power to amend any part of the Constitution without judicial review.

S. R. Bommai v. Union of India (1994): In this case, the Supreme Court laid down guidelines for the exercise of the President’s power to dismiss state governments and imposed restrictions on the use of Article 356 of the Constitution, which deals with the imposition of President’s Rule.

Vishaka v. State of Rajasthan (1997): In this case, the Supreme Court recognized sexual harassment at the workplace as a violation of a woman’s fundamental right to equality and laid down guidelines to prevent such harassment.

Aadhaar case (Justice K.S. Puttaswamy (Retd.) v. Union of India, 2018): Here the Supreme Court held that the Aadhaar, Act was constitutional but struck down several provisions that violated the basic structure of the Constitution, such as mandatory linking of Aadhaar with bank accounts and mobile numbers.

Sabarimala temple case (Indian Young Lawyers Association v. State of Kerala, 2018): Here the Supreme Court held that the ban on entry of women of a certain age group to the Sabarimala temple in Kerala violated the basic structure of the Constitution, which includes the principles of equality and non-discrimination.

Conclusion:

The Kesavananda Bharti case judgment is a testament to the strength and resilience of the Indian Constitution, its ability to adapt to changing circumstances while retaining its core values.

It is a landmark moment in the country’s legal history, its impact will continue to be felt for generations to come.

50 years of Kesavananda Bharati Judgment,50 years of Kesavananda Bharati Judgment