In a landmark judgement in 1973, the Supreme Court in the Kesavananda Bharathi case said that the “basic structure” of the Constitution cannot be amended.
Kesavananda Bharati. (Photo: Twitter/@ChouhanShivraj)
The name behind the landmark judgement, Kesavananda Bharati outlining the basic rights under the Constitution passed away on Sunday morning.
The 79-year-old was the head of Edaneer Math in Kerala’s Kasargod.
In a landmark judgement in 1973, the Supreme Court in the Kesavananda Bharathi case said that the “basic structure” of the Constitution cannot be amended.
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The case of Kesavananda Bharati Vs. State of Kerala (1973) 4 SCC 225. The Supreme Court by a razor-thin majority of 7:6 Judges held that Parliament had no power to alter the “basic structure” of the Constitution.
The basic structure doctrine has since been regarded as a tenet of Indian constitutional law.
Kesavananda Bharati had filed a case questioning the Kerala government’s move to take over the mutt property.
Kesavananda Bharati’s case was fought by senior lawyer Nani Palkhivala and the then chief justice of India Sarv Mitra Sikri had formed a 13-judge panel to hear the case.
Madhya Pradesh Chief Minister Shivraj Singh Chouhan paid tribute:
Anguished by the demise of Swami Kesavananda Bharati Ji, Head of Edneer Mutt at Kerala's Kasaragod. He was a revolutionary Seer who fought in SC in year 1973 which helped define basic rights under the Constitution.
My thoughts and prayers are with his devotees and followers. pic.twitter.com/Ka84ZIuSU1
— Shivraj Singh Chouhan (@ChouhanShivraj) September 6, 2020
Kesavananda Bharati case is still referred in most of the judgement of the courts as well as in the petitions made to the courts.
In 2018, Kesavananda Bharati was conferred the Justice VR Krishna Iyer award by the then Governor and Former CJI P Sathasivam.
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