Introduction
When we attempt to study Indian constitution we will come across numerous case laws which have contributed for the evolution of the Constitution but one case which will be immortal for its giving to the Constitution, for preserving the democratic structure of the nation is the famous and landmark Keshavananda Bharati V/s State of Kerala.
Why this case is of paramount importance?
The main reason for this particular case to be remembered forever is because of the seed it sowed to India’s Constitution, when it was widely attempted to make it literally powerless document which could not question the government.
Brief Facts:
1) Keshavananda Bharati Sripadangalavaru, a seer of Edneer mutt in Kerala challenged the constitutional 24th, 25th, and 29th amendment acts.
2) 24th amendment said constitutional amendment if abridged fundamental rights cannot be held void
3) 25th amendment introduced art 31C which said no courts will entertain petitions which sought to establish law laid in part 4 of the Constitution
4) 29th amendment inserted Kerala land reforms act in 9th schedule, which could not be challenged if it violated the fundamental rights.
The main Question before the court
Considering all issue the question as a whole was whether the parliament had the unlimited power to amend the constitution?
Verdict of the court
The 13 judge constitution bench by a wafer thin majority of 7:6 held that parliament can amend the constitution but it cannot change the basic structure of the constitution.
Doctrine of Basic Structure
This case gave birth to the basic structure which later became saviour of Indian democracy.
Basic structure is a set of features which, at the time of amendment cannot be changed, these feature included Judicial review, Democracy, Parliamentary form of government, Republic etc.
These are certain features which cannot be altered, and any constitutional amendments done must be done considering the fact that basic structure must not be violated or else the court can declare it unconstitutional.
Largest Bench to preside
This case is significant in Indian Judiciary for one more aspect that is because of the number of Judges whom presided over this Landmark case. Since this case was of great constitutional importance The Supreme court had constituted a constitution bench of Thirteen Judges to decide
CONSTITUTION BENCH : is formed to examine important constitutional matters before the court
It varies from 5 Judge bench to 13 Judge bench(largest till date).
Presiding Judges
Justice Sikri. (CJI)
Justice Hegde.
Justice Mukherjea.
Justice Shehlat.
Justice Grover.
Justice Reddy
Justice Khanna
Justice Ray
Justice Palekar
Justice Mathew
Justice Beg
Justice Dwivedi
Justice Chandrachud.
The ratio was 7:6,The dissents were Justice Ray, Justice Palekar, Justice Mathew, Justice Beg,
Justice Dwivedi and Justice Chandrachud.
Constitution is Supreme
In this case it was made crystal clear that the constitution is supreme and parliament is just the product of the constitution and it cannot overtake the constitution. Parliament must always act in the four corners of the law governed by The Constitution.