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Keshavananda Bharati v. The State of Kerala(1973) is a landmark decision of the Supreme
Court of India.
It is the basis
for the power of the Indian judiciary to review, and strike down, amendments to
the Constitution of India passed by the Indian parliament which conflict with
or seek to alter the constitution’s ‘basic structure’. The Supreme Court recognized basic structure concept for the first time in the historic Kesavananda Bharati
case in 1973. The basic structure doctrine applies only to
the constitutionality of amendments and not to ordinary Acts of Parliament,
which must conform to the entirety of the Constitution and not just to its
basic structure. The decision of the Supreme
Court in the Golak Nath Case has created a constitutional deadlock. The
deadlock ended with the famous case of Keshavananda Bharati and Others vs. State
of Kerala in 1973. Ever since the Supreme Court has been the interpreter of the
Constitution and the arbiter of all amendments made by parliament. The court by
majority overruled the Golak Nath case which denied parliament the power to
amend fundamental rights of the citizens. In this case the petitioners
challenged the validity of the 24th, 25th, 26th and 29th constitutional
amendments.
The judgment also defined the extent to which Parliament
could restrict the right to property, in pursuit of land reform and the
redistribution of large landholdings to cultivators, overruling previous
decisions that suggested that the right to property could not be restricted.
The case was a culmination of a series of cases relating to limitations to the
power to amend the Indian constitution.
The 42nd amendment is thought to be the immediate and most
direct fall out of the judgement.
The basic structure doctrine is the judge-made principle that certain
features of the Constitution of India are beyond the limit of the powers of
amendment of the Indian Parliament.
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