Kesavananda Bharati case

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The Kesavananda Bharati case was a landmark decision by the Supreme Court of India in 1973. The case held that the basic structure doctrine, which protects certain fundamental features of the Indian Constitution from being amended, is a part of the Constitution itself. This doctrine has been used to strike down a number of laws that the Court has found to be unconstitutional.

The case arose out of a challenge to a law that had been passed by the Kerala state government. The law allowed for the appointment of a religious head, or “Swami”, without the consent of the existing Swami. The petitioner in the case, Kesavananda Bharati, was a Hindu monk who was challenging the law on the grounds that it violated his fundamental rights.

The Supreme Court held that the law was unconstitutional. In its decision, the Court held that the basic structure doctrine is a part of the Constitution. The Court defined the basic structure as follows:

“The basic structure of the Constitution is that which makes it what it is and distinguishes it from other Constitutions. It is the framework of the Constitution, the basic features which give the Constitution its identity and character. It is the essential features which are the pillars of the Constitution and which must be preserved.”

The Court held that the law in question violated the basic structure of the Constitution by interfering with the right to religious freedom. The Court also held that the law was not a valid exercise of the power of amendment.

The Kesavananda Bharati case was a landmark decision that has had a significant impact on the Indian legal system. The basic structure doctrine has been used to strike down a number of laws that the Court has found to be unconstitutional. The case has also been cited in other countries, such as South Africa, where the courts have adopted a similar doctrine.

Frequently asked questions

  1. What is the Kesavananda Bharati case?
    The Kesavananda Bharati case was a landmark decision by the Supreme Court of India in 1973. The case held that the basic structure doctrine, which protects certain fundamental features of the Indian Constitution from being amended, is a part of the Constitution itself. This doctrine has been used to strike down a number of laws that the Court has found to be unconstitutional.

  2. What is the basic structure doctrine?
    The basic structure doctrine is a doctrine of constitutional law that holds that certain fundamental features of the Constitution cannot be amended. The doctrine was first articulated by the Supreme Court of India in the Kesavananda Bharati case in 1973.

  3. What are the basic features of the Indian Constitution?
    The basic features of the Indian Constitution are those features that are essential to the identity and character of the Constitution. The Supreme Court has held that the following are some of the basic features of the Constitution:

  • The sovereignty of India
  • The unity and integrity of India
  • The republican and democratic form of government
  • The secular character of the State
  • The rule of law
  • The independence of the judiciary
  • The fundamental rights
  • The federal character of the Constitution
  1. What is the significance of the Kesavananda Bharati case?
    The Kesavananda Bharati case was a landmark decision that has had a significant impact on the Indian legal system. The basic structure doctrine has been used to strike down a number of laws that the Court has found to be unconstitutional. The case has also been cited in other countries, such as South Africa, where the courts have adopted a similar doctrine.

MCQs

  1. The Kesavananda Bharati case was decided in which year?
    (A) 1973
    (B) 1975
    (C) 1977
    (D) 1979

  2. The basic structure doctrine was first articulated by the Supreme Court of India in which case?
    (A) Kesavananda Bharati case
    (B) Golaknath case
    (C) Minerva Mills case
    (D) Maneka Gandhi case

  3. The basic structure doctrine protects which of the following from being amended?
    (A) The sovereignty of India
    (B) The unity and integrity of India
    (C) The republican and democratic form of government
    (D) All of the above

  4. The Kesavananda Bharati case has had a significant impact on which of the following?
    (A) The Indian legal system
    (B) Other countries’ legal systems
    (C) Both (A) and (B)
    (D) Neither (A) nor (B)

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