TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    CM Himanta Hits Back on Out-on-Bail Rahul Gandhi's King Jibe

    CM Himanta Hits Back as Out-on-Bail Rahul Gandhi Rants About ‘King of Assam’

    Karnataka Govt Blames RCB for Chinnaswamy Stampede

    Congress- led Karnataka Govt Blames RCB for Chinnaswamy Stampede, Cites Kohli’s Video in HC

    Nitish Kumar’s Power Push: Free Electricity Lights Up NDA’s Bihar Campaign

    Nitish Kumar’s Power Push: Free Electricity Lights Up NDA’s Bihar Campaign

    Indian Nurse, Nimisha Priya Faces Execution Today

    Indian Nurse Nimisha Priya Faces Execution Today as Intervention Fails

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    India Achieves 50% Non-Fossil Fuel Power Capacity

    India Achieves 50 pc Non-Fossil Fuel Power Capacity, Five Years Ahead of Schedule

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    WiseProfitWay.com reviews – Trading Times

    WiseProfitWay.com reviews – Trading Times

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    CDS Chauhan: India Needs Tomorrow’s Tech to Win Today’s Wars

    India Needs Tomorrow’s Tech to Win Today’s Wars, Says CDS Anil Chauhan; Urges Indigenous Tech Push

    India-U.S. Set to Strike Javelin Deal

    India Seeks Javelin Missile Co-Production Deal with U.S. Under ‘Make in India’ Push

    India Set to Test ET-LDHCM: Hypersonic Missile

    India Tests Hypersonic Missile Aimed at Covering All of Pakistan and Key Chinese Military Zones

    India Conducts Successful Trial of Astra Missile

    India Conducts Successful Trial of Astra Missile BVRAAM Featuring Indigenous RF Seeker

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Baloch Insurgents Kill 29 Soldiers: Pakistan Army Losing Control in Balochistan

    Is Balochistan Slipping Away from Pak? 29 Soldiers Killed as BLA, BLF Launch Simultaneous Attacks

    Khalistani Sympathiser with Anti-India Stance: Jasmeet Bains

    Khalistani Sympathiser with Anti-India Stance, Jasmeet Bains Aims for California Congress Entry

    Hindu Activist Shot Dead in Cold Blood as Bangladesh Opens Fire

    Hindu Activist Shot Dead in Cold Blood as Bangladesh Army Opens Fire on Peaceful NCP Rally in Gopalganj

    US-DEA Uncovers Canada–Pakistan–China Narco-Terror Nexus

    US-DEA Uncovers Canada–Pakistan–China Narco-Terror Nexus: A Global Hybrid Threat Emerges

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    NCERT Textbook Reveals Mughal Religious Intolerance

    Ruthless Babur, Violent Akbar, Destructive Aurangzeb: NCERT Textbook Reveals Mughal Religious Intolerance

    India Built Gardens Long Before Babur Dreamt of Charbagh

    Before the Mughals: India’s Civilisation Built Gardens Long Before Babur Dreamt of Charbaghs

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Echoes of the Cholas in Today’s Bharat

    Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Karnataka Govt Blames RCB for Chinnaswamy Stampede

    Congress- led Karnataka Govt Blames RCB for Chinnaswamy Stampede, Cites Kohli’s Video in HC

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    CM Himanta Hits Back on Out-on-Bail Rahul Gandhi's King Jibe

    CM Himanta Hits Back as Out-on-Bail Rahul Gandhi Rants About ‘King of Assam’

    Karnataka Govt Blames RCB for Chinnaswamy Stampede

    Congress- led Karnataka Govt Blames RCB for Chinnaswamy Stampede, Cites Kohli’s Video in HC

    Nitish Kumar’s Power Push: Free Electricity Lights Up NDA’s Bihar Campaign

    Nitish Kumar’s Power Push: Free Electricity Lights Up NDA’s Bihar Campaign

    Indian Nurse, Nimisha Priya Faces Execution Today

    Indian Nurse Nimisha Priya Faces Execution Today as Intervention Fails

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    AI Appreciation Day Celebrated Globally, Spotlight on Innovation and Ethical Progress

    India Achieves 50% Non-Fossil Fuel Power Capacity

    India Achieves 50 pc Non-Fossil Fuel Power Capacity, Five Years Ahead of Schedule

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    Advantages of Using an EMI Calculator Before Applying for a Personal Loan

    WiseProfitWay.com reviews – Trading Times

    WiseProfitWay.com reviews – Trading Times

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    CDS Chauhan: India Needs Tomorrow’s Tech to Win Today’s Wars

    India Needs Tomorrow’s Tech to Win Today’s Wars, Says CDS Anil Chauhan; Urges Indigenous Tech Push

    India-U.S. Set to Strike Javelin Deal

    India Seeks Javelin Missile Co-Production Deal with U.S. Under ‘Make in India’ Push

    India Set to Test ET-LDHCM: Hypersonic Missile

    India Tests Hypersonic Missile Aimed at Covering All of Pakistan and Key Chinese Military Zones

    India Conducts Successful Trial of Astra Missile

    India Conducts Successful Trial of Astra Missile BVRAAM Featuring Indigenous RF Seeker

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Baloch Insurgents Kill 29 Soldiers: Pakistan Army Losing Control in Balochistan

    Is Balochistan Slipping Away from Pak? 29 Soldiers Killed as BLA, BLF Launch Simultaneous Attacks

    Khalistani Sympathiser with Anti-India Stance: Jasmeet Bains

    Khalistani Sympathiser with Anti-India Stance, Jasmeet Bains Aims for California Congress Entry

    Hindu Activist Shot Dead in Cold Blood as Bangladesh Opens Fire

    Hindu Activist Shot Dead in Cold Blood as Bangladesh Army Opens Fire on Peaceful NCP Rally in Gopalganj

    US-DEA Uncovers Canada–Pakistan–China Narco-Terror Nexus

    US-DEA Uncovers Canada–Pakistan–China Narco-Terror Nexus: A Global Hybrid Threat Emerges

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    NCERT Textbook Reveals Mughal Religious Intolerance

    Ruthless Babur, Violent Akbar, Destructive Aurangzeb: NCERT Textbook Reveals Mughal Religious Intolerance

    India Built Gardens Long Before Babur Dreamt of Charbagh

    Before the Mughals: India’s Civilisation Built Gardens Long Before Babur Dreamt of Charbaghs

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Revisiting the MANUSMRITI: Why India’s Youth Must Study This Ancient Epic

    Echoes of the Cholas in Today’s Bharat

    Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Karnataka Govt Blames RCB for Chinnaswamy Stampede

    Congress- led Karnataka Govt Blames RCB for Chinnaswamy Stampede, Cites Kohli’s Video in HC

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Ace Alliance: Accelerating Growth in the European iGaming Market

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    Addiction Recovery in India: Breaking Stigmas and Building Support Systems

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    How Under Armour’s Women’s Sports Shoes Are Reinventing Women’s Fitness Experience

    • 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

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

How ‘Secular’ and ‘Socialist’ Were Surreptitiously Embedded in the Constitution – And Why Their Contemporary Relevance Warrants Scrutiny

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

Monsoon Session from July 21: Govt to Introduce 8 New Bills
Law

Monsoon Session from July 21: Govt to Introduce 8 New Bills

16 July 2025

As the Monsoon Session of Parliament kicks off on July 21, the Central government is preparing to introduce eight...

AAP’s Dangerous Sacrilege Bill in Punjab: A Weapon Against Minorities
Law

AAP’s Dangerous Sacrilege Bill in Punjab: A Weapon Against Minorities?

15 July 2025

Over nine years after the desecration of the Guru Granth Sahib in Bargari shocked Punjab’s collective conscience, the state...

Nuh on High Alert Ahead of Jalabhishek Yatra
Law

Internet Suspended, Schools Shut: Nuh on High Alert Ahead of Jalabhishek Yatra

14 July 2025

In a move aimed at preventing communal tensions, the Haryana government has suspended internet services and bulk SMS messaging...

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

The Butcher of Pahalgam: Sulaiman — Trained by ISI, Pakistan’s Commando-Turned-Terrorist

The Butcher of Pahalgam: Sulaiman — Trained by ISI, Pakistan’s Commando-Turned-Terrorist

00:04:13

Congress’s Rohith Vemula Bill: Caste Polarization Masquerading as Reform

00:07:33

Bhima Koregaon Won’t Be Repeated; Maharashtra’s Special Act to Wipe Out Urban Naxals.

00:06:06

Conqueror of the Seas: Rajendra Chola and the Rise of Naval Bharat

00:07:47

How UPI went global? Why Namibia Adopted It?

00:07:20
Facebook Twitter Instagram Youtube
tfipostTfipost.com
Right Wing | News Analysis | Indian Opinion
  • About us
  • Careers
  • Brand Partnerships
  • Terms of use
  • Privacy Policy
  • Sitemap
MASHABLE IS A GLOBAL, MULTI-PLATFORM MEDIA AND ENTERTAINMENT COMPANY. FOR MORE QUERIES AND NEWS, CONTACT US AT info@mashablepartners.com


©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