KESHVANANDAN BHARTI V. STATE OF KERALA #kerala #supremecourt #supremecourtofindia #constitution #yt

The case of Kesavananda Bharati v Kerala State was conducted for 68 days and is still in the top spot for the longest hearing ever held in the highest Court. The case of Kesavananda Bharati is notable for its decision that the Constitution could be amended but not the fundamental structure.
BENCH: 13 Judge Bench of Justice YV Chandrachud, Justice SM Sikri, Justice JM Shelat, Justice KS Hegde, Justice AN Grover, Justice AN Ray, Justice PJ Reddy, Justice DG Palekar, Justice Hans Raj Khanna, Justice KK Mathew, Justice MH Beg, Justice SN Dwivedi, Justice BK Mukherjea (Keshvanand Bharti Judgement was the largest bench till date).
The thirteen-judge bench of the Supreme Court in Keshwanand Bharti Case 1973 by a majority of 7:6 held that the Parliament has the authority to amend any clause of the Constitution as long as the amendment does not violate the Basic Structure of the Constitution.

⚡ Despite writing different opinions, the minority bench did not concede that there are certain provisions that are fundamental. They were also hesitant to grant Parliament complete and unfettered authority to amend the Constitution.

The apex court upheld the entire 24th Constitutional Amendment Act 1971 but considered the first part of the 25th Constitutional Amendment Act 1972 to be intra vires and the second part to be ultra vires.

👉 The court, using social engineering and balancing the interests of both litigants, determined that neither the Parliament nor the Supreme Court has the authority to corrode the Basic Structure of the Constitution, nor can it withdraw the mandate to create a welfare state and a fair society. The Basic Structure Doctrine was thus formulated in the Kesavananda case which implied that, although the Parliament has the authority to amend the entire Constitution, they must do so in a way that does not contradict the features so fundamental to the Constitution that it would be spiritless without them.

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