Kesavananda Bharati: A case for the Common Man

I am not sure how many of us are old enough to have read and understood this historic judgement. I was introduced to this only by Vikas Divyakirti ji amazing explanation. You can watch him explain this in much more details here https://www.youtube.com/watch?v=uIZik791zRA&t=11s

On April 24, 1973, the Supreme Court of India delivered a landmark judgement in the case of Keshwanand Bharti vs. State of Kerala. This judgement is considered one of the most important judgements in Indian legal history, and it is still relevant today, 50 years later. In this post, I will cover the background of the case, why it is still relevant today, and why the Supreme Court needed to have a 13-people bench, which is still the largest ever.

Background of the Keshwanand Bharti Case

In the early 1970s, the Indian government, led by Prime Minister Indira Gandhi, introduced a series of amendments to the Indian Constitution. These amendments, known as the 24th, 25th, and 29th amendments, gave the government more power in certain areas, such as land reform, and limited the power of the judiciary.

However, these amendments were challenged by several individuals and organizations, including Swami Keshwanand Bharti, who was the head of a religious institution in Rajasthan.

Swami Keshwanand Bharti and other petitioners challenged the constitutionality of these amendments in the Supreme Court. The main argument was that these amendments violated the basic structure of the Indian Constitution, which could not be amended by the government. They argued that the Constitution was a living document, and that its basic structure could not be changed without the consent of the people.

The case was heard by a bench of 13 judges in the Supreme Court, which was unprecedented at that time. Swami Keshwanand Bharti argued that the amendments were unconstitutional because they violated the basic structure of the Constitution, which included principles such as federalism, secularism, and the separation of powers. The government, however, argued that the amendments were necessary to promote the socialist goals of the Constitution.

Relevance of the Keshwanand Bharti Case Today

The Keshwanand Bharti case is still relevant today because it established the principle that the Constitution has a basic structure that cannot be amended by the government.

This principle has been used to strike down several laws and policies that violated the basic structure of the Constitution. For instance, the Supreme Court used this principle to strike down the National Judicial Appointments Commission (NJAC) Act, which sought to change the way judges were appointed to the Supreme Court and High Courts. The Court held that the NJAC Act violated the basic structure of the Constitution by diluting the independence of the judiciary.

The principle of the basic structure also protects fundamental rights, such as the right to freedom of speech and expression, the right to life and personal liberty, and the right to equality before the law. These rights are enshrined in the Constitution, and they cannot be taken away by the government. The Supreme Court has used the principle of the basic structure to strike down laws that violated these fundamental rights.

Therefore, the Keshwanand Bharti case is a landmark judgement that has had a profound impact on Indian democracy. The principle of the basic structure has ensured that the Constitution remains a living document that protects the rights and freedoms of Indian citizens.

Why the Supreme Court Needed a 13-People Bench

The Keshwanand Bharti case was heard by a 13-people bench because it was a very important case that had far-reaching implications for Indian democracy. The Supreme Court needed to ensure that the case was decided by a large enough bench to ensure that the judgement was seen as legitimate and binding. The bench included some of the most eminent judges in Indian legal history, such as Justice H.R. Khanna, Justice M.H. Beg, and Justice Y.V. Chandrachud.

The bench deliberated for several months before delivering the judgement on April 24, 1973. The judgement upheld the principle of the basic structure of the Constitution and struck down some of the amendments introduced by the government. The judgement was seen as a victory for Indian democracy and the independence of the judiciary.

Conclusion

The Keshwanand Bharti case is a landmark judgement in Indian legal history that established the principle of the basic structure of the Constitution. This principle has been used to protect fundamental rights and strike down laws that violate the Constitution. The case was heard by a 13-people bench, which underscores its importance and legitimacy. 50 years later, we celebrate this judgement and the impact it has had on Indian democracy.

The Keshwanand Bharti case reminds us that the Constitution is the foundation of Indian democracy, and that it must be protected at all costs. The principle of the basic structure ensures that the Constitution remains a living document that reflects the values and aspirations of the Indian people. As we celebrate the 50th anniversary of this landmark judgement, we must renew our commitment to upholding the Constitution and protecting the rights and freedoms of all Indians.