Question
Doctrine of basic structure was laid down in the famous
case ofSolution
Kesavananda Bharati Sripadagalavaru vs. State of Kerala,1973 ü It is one of the supremely memorable cases of the Indian Judicial system. This Landmark Judgment has contributed a lot to the Constitutional History of the country. It was filed in 1970. Keshvananda Bharati was the chief of Edneer Mutt. It is a religious group in Kasaragod, Kerala. Bharati possessed several pieces of land in his name. It was then that the state government of Kerala had introduced the Land Reforms Amendment Act, 1969. ü When the petition was still in court, many amendments were already done by the Government following the case of Golaknath v. State of Punjab. ü The Judgement: ü The 13 judge Constitutional bench in the apec court by 7:6 ratio, delivered a landmark judgment in this case. It outlined the basic structure doctrine of the Constitution and gave stability to it. ü The SC also held that not even a single part of the Constitution, including Fundamental Rights, was beyond the amending power of the Parliament, however, the “basic structure of the Constitution must not be abrogated even through a constitutional amendment.” ü Bharati lost his case partially, but the case became a savior of Indian democracy and saved the Constitution from losing its spirit. The judgement listed some basic structures of the constitution
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