The Kesavananda Bharati vs State of Kerala (1973) case is widely regarded as the most significant judgment in Indian constitutional history. This landmark Supreme Court ruling introduced the “Basic Structure Doctrine”, a legal principle that continues to safeguard India’s democratic framework.
Historical Context: What Led to the Kesavananda Bharati Case?
To understand the case’s significance, we must revisit the political and legal landscape of the 1970s. The conflict began when Kerala’s communist government enacted the Kerala Land Reforms Act (1969) to redistribute land from religious institutions to landless farmers.
Swami Kesavananda Bharati, the head of the Edneer Mutt monastery in Kerala, challenged the law for violating his fundamental rights under Articles 25 and 26, which protect religious freedom and management of religious institutions.
However, the case quickly evolved into a broader constitutional battle. The Indira Gandhi-led government had passed several amendments to consolidate Parliamentary power, notably:
- 24th Amendment (1971)
- 25th Amendment (1971)
- 29th Amendment (1972)
These amendments aimed to:
- Overrule judicial decisions restricting land reforms.
- Empower Parliament to amend any part of the Constitution, including Fundamental Rights.
- Shield certain laws under the 9th Schedule from judicial review.
The petitioner argued that these changes threatened the supremacy of the Constitution and the balance of power between the legislature, judiciary, and executive.
Key Constitutional Amendments Under Scrutiny
1. 24th Amendment (1971)
- Objective: To nullify the ruling in Golaknath vs State of Punjab (1967) which held that Fundamental Rights cannot be amended.
- Key Changes Introduced:
- Modified Article 368 to explicitly allow Parliament to “amend by way of addition, variation or repeal.”
- Made the President’s assent to constitutional amendments mandatory.
2. 25th Amendment (1971)
- Objective: Prioritize Directive Principles of State Policy (Part IV) over Fundamental Rights (Part III).
- Key Provisions:
- Added Article 31C, which insulated laws implementing Directive Principles from being challenged under Articles 14, 19, and 21.
- Replaced the term “compensation” for property acquisition with “amount”, thereby reducing judicial intervention.
3. 29th Amendment (1972)
- Objective: Inserted two Kerala land reform laws into the 9th Schedule to shield them from judicial review.
The petitioner contended that these amendments dismantled the core identity of the Constitution and violated the rule of law.
The Basic Structure Doctrine: The Heart of the Judgment
The case was heard by a 13-judge Constitutional Bench—the largest in Indian history. After 68 days of hearings, the Supreme Court delivered its historic 7–6 majority verdict on April 24, 1973, establishing the Basic Structure Doctrine.
What is the Basic Structure Doctrine?
It holds that while Parliament can amend the Constitution under Article 368, it cannot alter its basic structure—those essential elements that preserve India’s constitutional identity.
Key Features of the Basic Structure (as per the Judgment):
- Supremacy of the Constitution
- Sovereign, Democratic, and Republican nature of India
- Secularism
- Federalism
- Separation of Powers among the legislature, executive, and judiciary
- Judicial Review
- Fundamental Rights, especially Articles 14, 19, and 21
- Dignity and Freedom of the Individual
Justice H.R. Khanna famously remarked:
“The power to amend does not include the power to abrogate the Constitution.”
Impact of the Kesavananda Bharati Judgment
1. Limited Parliamentary Supremacy
- Prevented Parliament from becoming an unchecked authority.
- During the Emergency (1975–77), the Court used this doctrine to strike down parts of the 42nd Amendment.
2. Strengthened Judicial Review
- Courts now had the power to strike down amendments that damaged the Constitution’s basic structure.
- In Indira Gandhi vs Raj Narain (1975), the 39th Amendment, which insulated the Prime Minister’s election from judicial scrutiny, was struck down.
3. Global Legal Influence
- Inspired similar doctrines in countries like Bangladesh, Nepal, and Pakistan.
- In Anwar Hussain vs Bangladesh (1989), the Bangladesh SC cited Kesavananda to uphold its Constitution’s secular nature.
4. Democratic Safeguard During Emergency
- Prevented a complete constitutional breakdown during Indira Gandhi’s regime.
- In Minerva Mills vs Union of India (1980), the Court reasserted that Part III (Fundamental Rights) and Part IV (Directive Principles) must be balanced.
Legacy and Relevance in Contemporary India
1. NJAC Case (2015)
- In Supreme Court Advocates-on-Record Association vs Union of India, the 99th Constitutional Amendment and the National Judicial Appointments Commission (NJAC) were struck down.
- The Court held that judicial independence is part of the basic structure.
2. Recent Controversial Laws
- The Basic Structure Doctrine has been cited in debates over:
- Citizenship Amendment Act (CAA)
- Aadhaar Act
- Electoral Bonds
3. Judicial vs Legislative Supremacy
- Critics argue the doctrine gives too much power to unelected judges.
- Proponents say it is crucial to prevent majoritarian excesses, citing erosion of constitutional safeguards in Hungary and Poland.
