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Landmark Case

Kesavananda Bharati v State of Kerala

Judicial Review and Separation of Powers

Kesavananda Bharati v State of Kerala, decided by a thirteen judge bench of the Supreme Court of India in 1973, the largest bench in the Court's history, is the case that established the basic structure doctrine. The named petitioner, Swami Kesavananda Bharati, head of a religious institution in Kerala, challenged state land reform legislation affecting his institution's property, but the case grew into a direct test of whether Parliament's power under Article 368 to amend the Constitution was unlimited, following earlier decisions on the same question that Parliament had responded to with further constitutional amendments. By a narrow 7 to 6 majority, the Court held that Parliament may amend any part of the Constitution, including fundamental rights, but may not alter or destroy its basic structure, a set of core features the Court itself would identify case by case, later understood to include judicial review, the rule of law, democracy, secularism, and the separation of powers. The doctrine has no textual basis in the Constitution itself; the Court read it as implicit in the nature of a written constitution granting Parliament a power to amend rather than a power to remake. It has since been invoked to strike down constitutional amendments and is widely regarded across comparative constitutional scholarship as one of the most influential judicially created limits on legislative power anywhere in the world, cited by courts in Bangladesh, Pakistan and elsewhere.

Facts
Decision Year
1973 1
Decision Date
1973-04-24 1
Holding
Parliament's power under Article 368 to amend the Constitution is subject to judicial review and cannot be used to alter the Constitution's basic structure, even though ordinary fundamental-rights amendments otherwise stand; the Court asserted this in a 7-6 decision, establishing the basic structure doctrine. 1
Current Status
Controlling precedent since 1973; established the basic structure doctrine of the Indian Constitution and has not been overruled. 1
Case Status
Case Status (category)
Final / Not Overruled 1
Case Status (category)
Overruled (in whole or part) 1
Case Status (category)
Controlling Precedent 1
Connections

Decided By

Source Supreme Court of India Official Website

Established

Source Supreme Court of India Official Website

In Legal System

Source Major Legal Systems in the World TodayRene David and John E.C. Brierley

Long-Form Articles

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Found In

Also in Geography Atlas: where this subject is found.

Sources
1. Kesavananda Bharati v. State of Kerala (Wikipedia)
Wikimedia Foundation
  • Wikipedia lead section, decision date
    On 26 April 1973
  • Wikipedia 'Judgement' section citation, AIR reporter date
    (24 April 1973), Supreme Court of India
  • Wikipedia 'Judgement' section, 7-6 decision
    The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution
  • Wikipedia lead section, basic structure doctrine
    outlined the basic structure doctrine of the Indian Constitution
  • In Group: Judicial Review and Basic Structure Cases, Introduction, sentences 1-3
    His Holiness Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution.
View the Source
Supreme Court of India Official Website
Major Legal Systems in the World Today
Rene David and John E.C. Brierley, Stevens and Sons, 1985In Legal System: Mixed Systems
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