Kesavananda Bharati v. State of Kerala 1973
Also known as:
- His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. 1973
Constitutional Provisions dealt with:
- Article 368 Amendments of the Constitution by the Parliament
- Article 26 Right to establish and administer property by Religious Institutions
Statutory Provisions dealt with:
- Basic Structure Doctrine of the Constitution
- laying down what forms part of the Basic Structure
- Right to Property (Article 19(1)(f) later removed)
- “amendment of this Constitution” in Article 368 means any addition or change in any of the provisions of the Constitution within the broad contours of the Preamble and the Constitution to carry out the objectives in the Preamble and the Directive Principles.
- while fundamental rights cannot be abrogated, reasonable abridgements of fundamental rights can be effected in the public interest.
Summary of Facts:
Summary of Judgement:
- Under Article 368, the Parliament cannot alter the basic structure or framework of the Constitution.
- Parliament has the power to amend the Fundamental Rights
Cases cited in the judgement:
- Golaknath v. State Of Punjab
Important Quotes from the Judgement: