Case Analysis on Kehwananda Bharti V/S State of Kerala and ANR, On 24th April, 1973

Exactly forty years ago, on April 24, 1973, Chief Justice Sikri and 12 Judges of the Supreme Court assembled to deliver the most important judgement in its history. The case of Kesaavananda Bharti vs State of Kerala had been heard for 68 days, the arguments commencing on October 31, 1972, and ending on March 23,1973. The hard work and scholarship that had gone into the preparation of this case was breathtaking. Literally hundreds of cases had been citied and the then Attorney-General had made a comparative chart analysing the provisions of the Constitutions of 71 different countries. The 703-page judgement revealed a sharply divided court and, by a wafer-thin majority of 7:6, it was held that Parliament could amend any part of the Constitution so long as it did not let or amend "the basic structure or essential features of the Constitution." This was the inherent and implied limitation on the amending power of Parliament This basic structure doctrine, as future events showed, saved Indian democracy and Kesavananda Bharti will always occupy a hollowed place in our constitutional history. The Kesavananda Bharti case was the culmination of a serious conflict between the judiciary and the government, then headed by Mrs. Indira Gandhi. In 1967, the Supreme court took an extreme view, in the Golak Nath case, that Parliament could not amend or alter any fundamental right. Two years later, Indira Gandhi nationalized 14 major banks and the paltry compensation was made payable in bonds that matured after 10 years. This was struck down by the Supreme Court, although it upheld the right of Parliament to nationalize banks and the other industries. A year later, in 1970, Mrs. Gandhi abolished the Privy Purses. This was a constitutional betrayal of the solem assurance given by sardar Patel to all the erstwhile rules. This was also struck down by the late Madhavrao Scindia , who later joined the congress party. The Kesavanada case had its roots in Gokalnath vs State of Punjab, in which the Supreme Court in 11-member bench, ruled that Parliament could not curtail any fundamental right guaranteed under the constitution were unrestricted and unlimited. Two years after Golaknath, Indira nationalized a big portion of the banking and unlimited. Two years after Golaknath, Indira nationalized a big portion of the banking system but he compensation to exiting shareholders was paltry, in fact, almost extortionate. Akanksha Choukse"Case Analysis on Kehwananda Bharti V/S State of Kerala and ANR, On 24th April, 1973" Published in International Journal of Trend in Scientific Research and Development (ijtsrd), ISSN: 2456-6470, Volume-2 | Issue-5 , August 2018, URL: http://www.ijtsrd.com/papers/ijtsrd17118.pdf http://www.ijtsrd.com/management/law-and-management/17118/case-analysis-on-kehwananda-bharti-vs-state-of-kerala-and-anr-on-24th-april-1973/akanksha-choukse