Kesavananda Bharati

The Basic Structure~I

The largest Bench of the Court sat for the longest time six months and delivered arguably the most celebrated judgment in the legislative history of independent India. It conceded to Parliament but only partly the power to suitably amend the Constitution to carry forward its intent but held it could not tinker with or alter the ‘basic structure‘ of the same. Most crucially, it could not curtail the independent power of the Judiciary to review any legislation to ensure that it conforms to the ‘basic structure

# Opinion

Kesavananda Bharati, seer behind landmark judgement to safeguard ‘basic structure’ of Constitution, passes away

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.

Tribute to a legend

Ironically, India’s unity and integrity are protected by the Constitution’s “basic structure”, a doctrine which he himself had assisted the Supreme Court to formulate!