The case of Kesavananda Bharati v. State of Kerala, AIR SC () 4 SCC , is a case decided by a bench of 13 judges of the Supreme Court of. Kesavananda Bharathi is the case which saved Indian democracy; thanks to Shri Kesavananda Bharati, Kesavananda Bharati V. State of Kerala (). The object of this paper is to consider certain aspects of the judgment delivered by the Supreme Court in the case of. Kesavananda Bharati v. State of Kerala1.

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The words “all the powers conferred by the provisions of this Constitution on Parliament” in Article are not confined off such powers as kerapa be exercised by the provisional Parliament consisting of a single chamber, but are wide enough to include the power to amend the Constitution conferred by Article When the Constituent Assembly has completed its labours, His Majesty’s Government will recommend to Parliament such action as may be necessary for the cession of sovereignty to the Indian people, subject only to two provisos which are mentioned in the statement and which are not, we believe, controversial, namely, adequate provision for the protection of minorities and willingness to conclude a treaty to cover matters arising out of the transfer kesavvananda power.

This case upheld the changes in 24th amendment in Article and Article 13 of Indian Constitution by overruling Golaknath Judgment.

Article 30 2 prohibits the State from discriminating against any educational institution, in granting aid to educational institutions, on the ground that it is under the management of a minority, whether based on religion or language.

When the case was placed before the Constitutional bench, it referred this case to a larger bench to determine the validity of the impugned Constitutional amendments. Under the proviso this period can be extended while a Proclamation of Emergency is in operation for a period not exceeding in any case beyond a period of six months after the Proclamation has ceased to operate.

In pursuance of the above, a resolution for the setting up of an Advisory Committee on fundamental rights was moved by Govind Ballabh Pant in the Constituent Assembly on January 24, The respondent, Kesavaananda, was prosecuted for a bribery offence before the Bribery Tribunal created by the Bribery Amendment Act, The portion, not v.srate brackets, which has been omitted in Mr.

Constition-makers could not have intended that the rights conferred by Part III could not be altered by giving effect to the policies of Part IV. To hold this would mean prima facie that the most solemn parts of our Constitution stand on the same footing as any other provision and even on a less firm ground than one on which the v.stzte mentioned in the proviso stand.


Constitution will come in direct serious conflict with the rights under Part III.

Finally all the issues related to it was challenged in Keshavanand Case. Provisions relating to services under the State and Trade and V.sttae are also not included in the proviso. This rule of exclusion has not always been adhered to in America, and sometimes distinction is made between using such material to ascertain the purpose of a statute and using it for ascertaining its meaning.

The true position is that every provision of the Constitution can be amended provided the basic foundation and structure of the Constitution remains the same.

In the Preamble to the International Covenant on Economic and Social and Cultural Rightsinalienability of rights is indicated in the first Para as follows: I am not giving his reasons for these conclusions here because they will be examined when dealing with the arguments addressed to us on various points.

The fundamental question dealt in Kesavananda Bharati v State of Kerala is whether the v.staye to amend the constitution is an unlimited, or there is identifiable parameters regarding keavananda to amend the constitution.

There was difference of opinion among the Judges. The Federal Court and the Supreme Court of India have recognised and applied this principle kesavanwnda other cases:.

Kesavananda Bharati Vs. State of Kerala

The intention of the Imperial legislature in enacting the Constitution Act was to give effect to the wish of the Australian people to join in a federal union and the purpose of the Constitution was to establish a federal, and not a unitary, system for the government of Australia and accordingly to provide for the distribution of the powers of government between the Commonwealth and the States who were to be the constituent members of the federation.

These passages show clearly that the Board in McCawley’s case took the view which commends itself to the Board in the present case, that a legislature has no power to ignore the conditions of law-making that are imposed by the instrument which itself regulates its powers to make law.

One of the inferences that can be drawn is that the Constitution-makers never contemplated, or imagined that Article 52 will be altered and there shall not be a President of India. First, the power of amending the Constitution provided for under Article was conferred not on Parliament but on the two Houses of Parliament as designated body and, therefore, the provisional Parliament was not competent to exercise that power under Article I may here quote only the Preamble: In the earliest draft the Preamble was something formal and read: I would require stronger reason than those given in Sankari Prasad’s case to make me accept the view that Fundamental Rights were not really fundamental but were intended to be within the powers of amendment in common with the other parts of the Constitution and without the concurrence of the States.


But when it is Dominion Parliament is legislating upon the enumerated Dominion subject-matters of Section 91 of the Federation Act, it is held that the Imperial Parliament, by necessary implication, intended to confer on it legislative power to interfere with, deal with, and encroach upon, matters otherwise assigned to the provincial legislatures under Section 92so far as a general law relating to those subjects may affect them, as it may also do to the extent of such ancillary provisions as may be required to prevent the scheme of such a law from being defeated.

It seeks very feebly to tell the world of what we have thought or dreamt for so long, and what we now hope to achieve in the near future. Under this case Supreme Court of India outlined the Basic Structure doctrine of the Constitution and it can be regarded as a v.sttae sitting of ‘Constituent Assembly’.

We need not consider the intermediate drafts, but in the meantime the declaration See Constituent Assembly Debates, Vol. I may mention that Mr.

Kesavananda Bharati Vs. State of Kerala – Law Times Journal

Primary among these was the imposition of the state of emergency by Indira Gandhi inand the subsequent attempt to suppress her prosecution through the 39th Amendment.

Save as otherwise provided in Sub-section 4 of Section 29any question proposed for decision by either Chamber shall be determined by a majority of votes of the Senators or Members, as the case may be, present and voting. A word is not crystal, transparent and unchanged; it is the skin of living thought and may vary greatly in colour and content according to the circumstances and the time in which it is used. These discussions covered such important matters as the prohibition of discrimination on grounds of race, religion, caste, etc.

I may now refer to State of Victoria v.

The Constitution opens with a preamble which reads:. Retrieved from ” https: Part IV of the Constitution contains directive principles of State policy.