TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Burqa or Blood: The Shamli Atrocity that Should Shame Us All

    Burqa or Blood: The Shamli Atrocity that Should Shame Us All

    Shamli Triple Murder: UP Man Farooq Kills Wife, Two Daughters Over Clothing Dispute, Bodies Found Buried at Home

    Shamli Triple Murder: UP Man Farooq Kills Wife, Two Daughters Over Clothing Dispute, Bodies Found Buried at Home

    Treacherous Legacy of Congress : Betraying India, Embracing Pakistan

    Treacherous Legacy of Congress : Betraying India, Embracing Pakistan

    Bharat Taxi App to Launch as a New Year Boost for Delhi Residents

    Bharat Taxi App to Launch as a New Year Boost for Delhi Residents

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    MaxiPeakUnity.com reviews: A Trusted Space for Confident Trading Growth

    MaxiPeakUnity.com reviews: A Trusted Space for Confident Trading Growth

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    Proposed IMRH By HAL

    IMRH Set to Cross 75% Indigenous Mark, Signalling Major Leap in India’s Rotorcraft Capability

    CM Bhajanlal Sharma Flags Off Event with Top Military Leaders

    Honour Run 2025 draws 2,500 runners in Jaipur to salute veterans

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi In Car with Different Leaders

    Personal Gestures, Powerful Signals: PM Modi and the Rise of ‘Car Diplomacy’

    The Shyok Tunnel

    Shyok Tunnel Dedicated in Eastern Ladakh: A New Symbol of India’s Strategic Strength, Will Make It Easy to Handle the Chinese Threat at LAC

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Effective Study Techniques Backed by Science

    Effective Study Techniques Backed by Science

    Pictorial Representation on Ghazni’s Invasions.

    NCERT Updates Class 7 Books With Detailed Account of Ghazni’s Invasions

    When BR Ambedkar openly challenged the Nizam Shahi

    When BR Ambedkar openly challenged the Nizam Shahi

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    Handbags for Women That are Worth Every Penny

    Handbags for Women That are Worth Every Penny

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Burqa or Blood: The Shamli Atrocity that Should Shame Us All

    Burqa or Blood: The Shamli Atrocity that Should Shame Us All

    Shamli Triple Murder: UP Man Farooq Kills Wife, Two Daughters Over Clothing Dispute, Bodies Found Buried at Home

    Shamli Triple Murder: UP Man Farooq Kills Wife, Two Daughters Over Clothing Dispute, Bodies Found Buried at Home

    Treacherous Legacy of Congress : Betraying India, Embracing Pakistan

    Treacherous Legacy of Congress : Betraying India, Embracing Pakistan

    Bharat Taxi App to Launch as a New Year Boost for Delhi Residents

    Bharat Taxi App to Launch as a New Year Boost for Delhi Residents

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    Is a ₹15,000 Small Instant Loan Right for You? Here’s What You Should Know

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    GrandGateAgency.com reviews: A Trust-Focused Trading Ecosystem Built for Today’s Market

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    ExelLencera.net reviews – A Platform Shaping a New Trading Experience

    MaxiPeakUnity.com reviews: A Trusted Space for Confident Trading Growth

    MaxiPeakUnity.com reviews: A Trusted Space for Confident Trading Growth

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    New NOTAM Sets 2,520 kilometer Missile Zone in Bay of Bengal

    Proposed IMRH By HAL

    IMRH Set to Cross 75% Indigenous Mark, Signalling Major Leap in India’s Rotorcraft Capability

    CM Bhajanlal Sharma Flags Off Event with Top Military Leaders

    Honour Run 2025 draws 2,500 runners in Jaipur to salute veterans

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    Veterans Deserve More Than Promises: The System Must Match the Soldier’s Sacrifice

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    PM Modi In Car with Different Leaders

    Personal Gestures, Powerful Signals: PM Modi and the Rise of ‘Car Diplomacy’

    The Shyok Tunnel

    Shyok Tunnel Dedicated in Eastern Ladakh: A New Symbol of India’s Strategic Strength, Will Make It Easy to Handle the Chinese Threat at LAC

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Ready to Continue Uninterrupted Shipments of Fuel to India,’ Says Putin at India-Russia Summit 2025

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    ‘Should Work Together, Pave Way for Peace’: Says PM Modi in Bilateral Talks with Putin

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Effective Study Techniques Backed by Science

    Effective Study Techniques Backed by Science

    Pictorial Representation on Ghazni’s Invasions.

    NCERT Updates Class 7 Books With Detailed Account of Ghazni’s Invasions

    When BR Ambedkar openly challenged the Nizam Shahi

    When BR Ambedkar openly challenged the Nizam Shahi

    Despite Nehru’s objection, Rajendra Prasad became India’s first President !

    How Nehru Resisted Dr. Rajendra Prasad—from Presidency to Somnath visit  and Beyond

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    The New Gold Rush: 5 Uncapped Indian Players Make History at the IPL 2026 Auction

    Handbags for Women That are Worth Every Penny

    Handbags for Women That are Worth Every Penny

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Elevate Video Scripts with an AI Writer That Builds Clear Structure

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    Remove Watermarks from Nano Banana 2: Top 3 AI Tools

    • 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

A saga of Congress humilitating BR Ambedkar

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

Leh Erupts in Protest as Clashes Break Out Over Statehood Demand; BJP Office, Police Van Set Ablaze

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

Byju Raveendran’s $1.07B Judgment Faces Legal Challenge: Inside the Procedural Flaws.
Law

Byju Raveendran’s $1.07B Judgment Faces Legal Challenge: Inside the Procedural Flaws.

15 December 2025

Imagine this. A judge instructs you and your opponent to go back the following day to talk about punishments....

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

“Fit to Be Dismissed”: SC Upholds Sacking of Christian Army Officer for Refusing to Enter Gurudwara During Regimental Parade

25 November 2025

Reinforcing the Armed Forces’ uncompromising commitment to discipline and unit cohesion, the Supreme Court on Monday upheld the dismissal...

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills
Law

Supreme Court: No Fixed Timelines, No “Deemed Assent” for President or Governors on Bills

20 November 2025

In a landmark opinion delivered on November 20, the Supreme Court held that neither the President nor a Governor...

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

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

Captured Turkish YIHA drone Showed by the Indian Army |Defence News| Operation Sindoor

00:00:58

A War Won From Above: The Air Campaign That Changed South Asia Forever

00:07:37

‘Mad Dog’ The EX CIA Who Took Down Pakistan’s A.Q. Khan Nuclear Mafia Reveals Shocking Details

00:06:59

Dhurandar: When a Film’s Reality Shakes the Left’s Comfortable Myths

00:06:56

Tejas Under Fire — The Truth Behind the Crash, the Propaganda, and the Facts

00:07:45
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Contact 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