poornima lagadapati
Active member
Kesavananda Bharathi, whose legal fight led to the landmark decision outlining the basic rights under the Constitution, passed away this morning. The head of Edaneer Math in Kerala's Kasargod was 79.
In 1973, Kesavananda had filed a case challenging the Kerala government's attempts to impose restrictions over the mutt property. In a wafer-thin majority ruling of 7-6, the 13-judge bench pronounced that while Parliament had 'wide' powers, it cannot alter the basic structure of the Constitution. The basic structure doctrine has since been regarded as a tenet of Indian constitutional law.
The 'basic structure' doctrine has since been interpreted to include the supremacy of the Constitution, the rule of law, Independence of the judiciary, doctrine of separation of powers, federalism, secularism, sovereign democratic republic, the parliamentary system of government, the principle of free and fair elections, welfare state, etc. Critics of the doctrine have called it undemocratic, since unelected judges can strike down a constitutional amendment. At the same time, its proponents have hailed the concept as a safety valve against majoritarianism and authoritarianism.
The case holds the top spot for the longest hearing ever to have taken place. It was heard by the largest ever Constitution Bench of 13 Judges for 68 days. Hearing in the case commenced on October 31, 1972, and concluded on March 23, 1973.
In 2018, Kesavananda Bharati was conferred with Justice VR Krishna Iyer Award.
In 1973, Kesavananda had filed a case challenging the Kerala government's attempts to impose restrictions over the mutt property. In a wafer-thin majority ruling of 7-6, the 13-judge bench pronounced that while Parliament had 'wide' powers, it cannot alter the basic structure of the Constitution. The basic structure doctrine has since been regarded as a tenet of Indian constitutional law.
The 'basic structure' doctrine has since been interpreted to include the supremacy of the Constitution, the rule of law, Independence of the judiciary, doctrine of separation of powers, federalism, secularism, sovereign democratic republic, the parliamentary system of government, the principle of free and fair elections, welfare state, etc. Critics of the doctrine have called it undemocratic, since unelected judges can strike down a constitutional amendment. At the same time, its proponents have hailed the concept as a safety valve against majoritarianism and authoritarianism.
The case holds the top spot for the longest hearing ever to have taken place. It was heard by the largest ever Constitution Bench of 13 Judges for 68 days. Hearing in the case commenced on October 31, 1972, and concluded on March 23, 1973.
In 2018, Kesavananda Bharati was conferred with Justice VR Krishna Iyer Award.