TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Congress Refuses to Clarify its Vote Theft Allegation to EC, Rahul, INDI Bloc Leaders Detained

    Congress Refuses to Clarify its Vote Theft Allegation to EC; Rahul, INDI Bloc Leaders Detained

    KN Rajanna Ouster Highlights Congress Crackdown on Dissent

    Congress Muzzles Karnataka Minister on ‘Vote Theft’ : KN Rajanna’s Exit Lays Bare Party’s Intolerance to Truth

    'Pakistan An Irresponsible State With Nuclear Weapons': Government Sources After Munir's Nuke Threat

    ‘Pakistan An Irresponsible State With Nuclear Weapons’: Government Sources After Munir’s Nuke Threat

    News 18: The Bigger Problem With Clickbait Culture

    Bigg Boss 19 Controversy: News18 Faces Backlash Over Clickbait Article on Pahalgam Terror Attack Widow Himanshi Narwal

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    India Set to Roll Out First Made-in-India Chip as Semiconductor Mission Gains Momentum

    India Set to Roll Out First Made-in-India Chip as Semiconductor Mission Gains Momentum

    India Becomes Top Smartphone Supplier to US, Electronics Manufacturing Hits Rs 12 Lakh Cr, Despite Tariff Tussle

    India Becomes Top Smartphone Supplier to US, Electronics Manufacturing Hits Rs 12 Lakh Cr, Despite Tariff Tussle

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    IAF Unveils Never-Before-Seen Footage of Operation Sindoor Airstrikes in Pakistan

    IAF Unveils Never-Before-Seen Footage of Operation Sindoor Airstrikes in Pakistan

    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    Operation Sindoor was akin to playing a game of chess: Army Chief Upendra Dwivedi

    ‘Next War May Happen Soon’: Army Chief General Upendra Dwivedi Calls for Preparedness

    IAF Chief: 5 Pakistani Fighter Jets, Large Surveillance Aircraft Destroyed in Op Sindoor

    IAF Chief: 5 Pakistani Fighter Jets, Large Surveillance Aircraft Destroyed in Op Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    In US, Pakistan Army Chief Munir Repeats Anti-India Rhetoric, Hints at Nuke Strike

    ‘We’ll Take Half World Down With Us’ , Pakistan Army Chief Munir Threatens Nuclear Wipeout From US Soil

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    PM Modi Speaks to Putin, Invites Him to India, Discusses Ukraine War Amid US Tariffs Storm

    PM Modi Speaks to Putin, Invites Him to India, Discusses Ukraine War Amid US Tariffs Storm

    UK Regulator Rules Gurudwara Allowed to Display Khalistani Plague: Is this Pandering to Separatist Elements?

    UK Regulator Rules Gurudwara Allowed to Display Khalistani Plague: Is this Pandering to Separatist Elements?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Nationwide ‘Har Ghar Tiranga’ Campaign to Feature MP Bike Rally and Cultural Events Ahead of Independence Day

    Nationwide ‘Har Ghar Tiranga’ Campaign to Feature MP Bike Rally, Cultural Events Ahead of Independence Day

    MK Stalin Unveils Tamil Nadu’s Education Policy, Rejects NEP, Three-Language Formula

    MK Stalin Unveils Tamil Nadu’s Education Policy, Rejects NEP, Three-Language Formula

    India and Sri Lanka—Bound by Devotion, Building for the Future

    India-Sri Lanka Spiritual Partnership Deepens with Inauguration of Ashok Vatika Meditation Centre at Seetha Amman Temple

    Chola Legacy, Modi’s Message: Restoring Dharma in Tamil Political Discourse

    Rajendra Chola to PM Modi: Reclaiming Tamil Nadu’s Forgotten Hindu Civilizational Heritage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    News 18: The Bigger Problem With Clickbait Culture

    Bigg Boss 19 Controversy: News18 Faces Backlash Over Clickbait Article on Pahalgam Terror Attack Widow Himanshi Narwal

    How a PNG Resizer Helps Optimize Images for Amazon, eBay, and Shopify Listings

    How a PNG Resizer Helps Optimize Images for Amazon, eBay, and Shopify Listings

    Punjabi Music’s Vulgar Beat: Honey Singh, Karan Aujla Summoned Over Misogynistic Lyrics

    Punjabi Music’s Vulgar Beat: Honey Singh, Karan Aujla Summoned Over Misogynistic Lyrics

    A Full Guide to Live Betting on 12Bet for Beginners

    A Full Guide to Live Betting on 12Bet for Beginners

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Congress Refuses to Clarify its Vote Theft Allegation to EC, Rahul, INDI Bloc Leaders Detained

    Congress Refuses to Clarify its Vote Theft Allegation to EC; Rahul, INDI Bloc Leaders Detained

    KN Rajanna Ouster Highlights Congress Crackdown on Dissent

    Congress Muzzles Karnataka Minister on ‘Vote Theft’ : KN Rajanna’s Exit Lays Bare Party’s Intolerance to Truth

    'Pakistan An Irresponsible State With Nuclear Weapons': Government Sources After Munir's Nuke Threat

    ‘Pakistan An Irresponsible State With Nuclear Weapons’: Government Sources After Munir’s Nuke Threat

    News 18: The Bigger Problem With Clickbait Culture

    Bigg Boss 19 Controversy: News18 Faces Backlash Over Clickbait Article on Pahalgam Terror Attack Widow Himanshi Narwal

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    India Set to Roll Out First Made-in-India Chip as Semiconductor Mission Gains Momentum

    India Set to Roll Out First Made-in-India Chip as Semiconductor Mission Gains Momentum

    India Becomes Top Smartphone Supplier to US, Electronics Manufacturing Hits Rs 12 Lakh Cr, Despite Tariff Tussle

    India Becomes Top Smartphone Supplier to US, Electronics Manufacturing Hits Rs 12 Lakh Cr, Despite Tariff Tussle

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    IAF Unveils Never-Before-Seen Footage of Operation Sindoor Airstrikes in Pakistan

    IAF Unveils Never-Before-Seen Footage of Operation Sindoor Airstrikes in Pakistan

    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    Relief for Troops: Jawans to Get New-Gen Border Posts for Sub-Zero Conditions Along India-China LAC

    Operation Sindoor was akin to playing a game of chess: Army Chief Upendra Dwivedi

    ‘Next War May Happen Soon’: Army Chief General Upendra Dwivedi Calls for Preparedness

    IAF Chief: 5 Pakistani Fighter Jets, Large Surveillance Aircraft Destroyed in Op Sindoor

    IAF Chief: 5 Pakistani Fighter Jets, Large Surveillance Aircraft Destroyed in Op Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    In US, Pakistan Army Chief Munir Repeats Anti-India Rhetoric, Hints at Nuke Strike

    ‘We’ll Take Half World Down With Us’ , Pakistan Army Chief Munir Threatens Nuclear Wipeout From US Soil

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    China Expert Urges India to Reconsider its Strategic Distance From China, Warns of America’s containment playbook

    PM Modi Speaks to Putin, Invites Him to India, Discusses Ukraine War Amid US Tariffs Storm

    PM Modi Speaks to Putin, Invites Him to India, Discusses Ukraine War Amid US Tariffs Storm

    UK Regulator Rules Gurudwara Allowed to Display Khalistani Plague: Is this Pandering to Separatist Elements?

    UK Regulator Rules Gurudwara Allowed to Display Khalistani Plague: Is this Pandering to Separatist Elements?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Nationwide ‘Har Ghar Tiranga’ Campaign to Feature MP Bike Rally and Cultural Events Ahead of Independence Day

    Nationwide ‘Har Ghar Tiranga’ Campaign to Feature MP Bike Rally, Cultural Events Ahead of Independence Day

    MK Stalin Unveils Tamil Nadu’s Education Policy, Rejects NEP, Three-Language Formula

    MK Stalin Unveils Tamil Nadu’s Education Policy, Rejects NEP, Three-Language Formula

    India and Sri Lanka—Bound by Devotion, Building for the Future

    India-Sri Lanka Spiritual Partnership Deepens with Inauguration of Ashok Vatika Meditation Centre at Seetha Amman Temple

    Chola Legacy, Modi’s Message: Restoring Dharma in Tamil Political Discourse

    Rajendra Chola to PM Modi: Reclaiming Tamil Nadu’s Forgotten Hindu Civilizational Heritage

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    News 18: The Bigger Problem With Clickbait Culture

    Bigg Boss 19 Controversy: News18 Faces Backlash Over Clickbait Article on Pahalgam Terror Attack Widow Himanshi Narwal

    How a PNG Resizer Helps Optimize Images for Amazon, eBay, and Shopify Listings

    How a PNG Resizer Helps Optimize Images for Amazon, eBay, and Shopify Listings

    Punjabi Music’s Vulgar Beat: Honey Singh, Karan Aujla Summoned Over Misogynistic Lyrics

    Punjabi Music’s Vulgar Beat: Honey Singh, Karan Aujla Summoned Over Misogynistic Lyrics

    A Full Guide to Live Betting on 12Bet for Beginners

    A Full Guide to Live Betting on 12Bet for Beginners

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
No Result
View All Result
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
  • Economy
  • Defense
  • Geopolitics
  • Knowledge
  • Law
  • Lounge

The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala – Part 2

Abhishek Kumar Singh by Abhishek Kumar Singh
12 December 2022
in Law
Kesavananda Bharati vs State of Kerala
Share on FacebookShare on X

Kesavananda Bharati vs State of Kerala case: There are a lot of things in the public domain which are taken as an archetypal truth. Primary reason behind it is that the phenomenon is so old that people forget the rationale behind it first coming into existence. It holds true for unwritten rules, understandings, or contracts running a society, polity, or any other institution. Fortunately, we have a written Constitution. It is a set of many written and unwritten rules. Unwritten rules are the ones that the Supreme Court felt the need to codify as Basic Structure.

Kesavananda Bharati vs State of Kerala case: Supremacy of the Constitution

One of the basic structures advocated by the Apex Court is that of the supremacy of the Constitution. In the 21st century, it looks simple, but is really not. The supremacy of the Constitution is a big positive deviation from monarchic traditions. In most monarchies and other non-democratic forms of government, the words of the king or his council of ministers were paramount. Closest we came to the will of people was having concepts of Janpads.

RelatedPosts

After RSS, VHP Too Seeks a Debate on Scrapping Emergency Era Additions ‘Secular’ and ‘Socialist’

VP Dhankhar Questions Emergency-Era Additions “socialist” and “secular” to Preamble, Calls Them a Wound

Hijacked by Indira: Why India Must Revisit ‘Socialist’ and ‘Secular’ in Constitution

Load More

To be fair to them, the words of the king and his council were not always damaging. They also used to abide by the scriptures and have their interpretations explained by the Gurus. But the fact remains that humans are not immune to their whims and fancies, and neither are kings.

It is reflected in every tyrannical monarchy. Even after democracy was established, the concept of sovereignty could not remain totally detached from the sovereign. In other words, even parliamentary democracies went haywire while adopting the Constitution.

Also read: Understanding Indra Sawhney Case: The post-Mandal “reservation criteria has glaring loopholes in it”

One such example brought before the Court was that of the Weimar Constitution. Hitler had used constitutionally guaranteed measures for exceptional circumstances to undermine the authority of the Constitution itself. He literally killed the Weimar Constitution in letter and spirit, along with millions of Jews.

Similar powers were availed to the Central government in the Indian Constitution. Successive governments were hell-bent on undermining the basic guarantees of freedom available to the masses. They were doing it through amending powers given under Article 368.

The stated objective was that they were doing it for larger goods. The on-the-ground reality was that it was being done only for short-term benefits. In the long term, fundamental rights and even the right to life could be under attack, as it later transpired during Indira’s emergency.

This is where the supremacy of the Constitution balanced the overreach of parliamentary sovereignty. In essence, the judiciary and legislature are both sovereign in their own regard. However, they both are subject to the letter and spirit of the Constitution.

Also read: The spineless “Juvenile Justice Act” needs an immediate upgrade

Objectives of the Preamble

The letter and spirit have been enumerated in the Preamble of the Indian Constitution. The Apex Court held the objectives enshrined in it as a part of basic structure of the Constitution. It did acknowledge that the Preamble is not a source of power, nor would it act as a limiting force on any act by Parliament. In the same breath, the Court held it as part of the Constitution, which means that every law, decree, act, or ordinance has to reflect the Preamble objectives.

Through this judgment, the Preamble achieved the status of a filter through which any official act would take place. The moment it goes against the spirit of the Preamble, the act loses its moral and ethical value in the eyes of the populace. In most of these instances, official orders are challenged in court. The judiciary looks at it and deems it to be either ultra vires or intra vires of the Constitution.

Such a prognosis was not only the need of the hour but also, in a way, a constitutional obligation for the Apex Court. The preamble tells elected representatives that their power derives from the Constitution of India.

It is the preamble that puts an obligation on them to ensure that they use this power for the benefit of Indians. It is the Preamble which puts Justice and Liberty at the top of hierarchy, the foundation of a non-violent society.

Also read: U. Akbar Ali vs. State of Tamil Nadu: The death blow to conversion mafias in India

It is not that these ideas are not found anywhere else in the Constitution. Fundamental rights, Directive Principles of State Policy, Citizenship, Union, Parliament, Judiciary, and many other chapters fulfill the objectives of the Constitution.

However, we inherited a plethora of laws from the British, and many more are always on the horizon. By declaring the Preamble’s objectives as part of the Constitution’s basic structure, the Apex Court opened the floodgates for the scrapping of bad laws and the formulation of good ones.

Support TFI:

Support us to strengthen the ‘Right’ ideology of cultural nationalism by purchasing the best quality garments from TFI-STORE.COM

Also Watch:

https://www.youtube.com/watch?v=5xG1DQHE8EI

Tags: 1975 EmergencyApex CourtArticle 368ConstitutionIndira Gandhi GovernmentJanpadsParliamentary SovereigntyPreambleWeimar Constitution
ShareTweetSend
Previous Post

The Day of the Jackal: A movie truly ahead of its time

Next Post

Indeed, Nitish-Lalu duo deserves credit for Ishan Kisan’s world record

Related Posts

SC Orders Removal of Stray Dogs from Delhi-NCR Localities to Shelters Amid Rising Rabies Cases
Law

SC Orders Removal of Stray Dogs from Delhi-NCR Localities to Shelters Amid Rising Rabies Cases

11 August 2025

In a decision aimed at tackling the growing menace of stray dog attacks and rabies deaths, the Supreme Court...

MK Stalin Unveils Tamil Nadu’s Education Policy, Rejects NEP, Three-Language Formula
Education

MK Stalin Unveils Tamil Nadu’s Education Policy, Rejects NEP, Three-Language Formula

8 August 2025

Amid the ongoing national debate over language and education reforms, Tamil Nadu Chief Minister MK Stalin on Friday unveiled...

‘Either Sign Declaration Or Apologise’: EC Hits Out at Rahul Gandhi Over ‘Voter Fraud’ Charge
Law

‘Either Sign Declaration Or Apologise’: EC Hits Out at Rahul Gandhi Over ‘Voter Fraud’ Charge

8 August 2025

The Election Commission of India (ECI) on Friday hit out and issued a stern response to Congress leader Rahul...

Load More

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

I agree to the Terms of use and Privacy Policy.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Currently Playing

'We’ll Start from the East’: Asim Munir’s Threat – Who’s Arming Pakistan?

'We’ll Start from the East’: Asim Munir’s Threat – Who’s Arming Pakistan?

00:06:14

The Secret Power of India’s Unseen Army

00:07:17

Legal Expert: Inside Sanjay Kapoor's Rs 18,000 Cr property Distribution

00:10:19

From jewellery to petroleum, know all about key exports at risk under Trump's 50% tariffs

00:04:28

himalayan fragility exposed. Dharali: Not Just A Cloudburst?

00:20:21
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap

©2025 TFI Media Private Limited

No Result
View All Result
  • Premium
  • Politics
    • Analysis
    • Opinions
    • Trending
  • Economy
    • Business
    • Finance
  • Defense
    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
TFIPOST हिन्दी
TFIPOST Global

©2025 TFI Media Private Limited