TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    New address, old controversy as “Sheesh Mahal 2”

    From Flagstaff Road To Lodhi Estate: Kejriwal’s New Bungalow Triggers Fresh “Sheesh Mahal 2” Political Controversy

    The Bengal campaign takes a more aggressive turn.

    “Bengal Under Mafia Grip”: Yogi Adityanath Escalates Attack On TMC, Flags ‘Identity Crisis’ In Rally

    From AAP dissenter to BJP rebel, Swati Maliwal sharpens her attack on Kejriwal

    Did Swati Maliwal Just Puncture AAP’s Politics of Virtue?

    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    Open Demat Account with Zero Annual Maintenance Charges What to Look For

    Open Demat Account with Zero Annual Maintenance Charges What to Look For

    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Indian economy is stronger than the ranking.

    IMF Ranking Jolt Misread: India’s Economy Strong, Sixth Spot Just a Statistical Glitch

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    The scars of Pahalgam endure, even as the nation moves forward

    Pahalgam Anniversary: Modi Signals Firm National Stand as India Reasserts Anti-Terror Resolve

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Amit Shah on sensitive Gorkha land issue

    Shah Assures Constitutional Path for Gorkha Issue, Intensifies Attack on TMC at Bengal Rally

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Pakistan Tried to Bury an NYT Report. It Only Exposed Asim Munir’s Panic

    Pakistan Tried to Bury an NYT Report. It Only Exposed Asim Munir’s Panic

    The Strategic Double-Game: Pakistan’s Fatal Gambit in the US-Iran War

    The Strategic Double-Game: Pakistan’s Fatal Gambit in the US-Iran War

    When a repost became a foreign policy problem

    Trump’s India ‘Hellhole’ Insult Triggers Backlash as New Delhi Hits Back, US Scrambles for Damage Control

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Sardar Patel and Amit Shah

    Sardar Patel’s 1947 Blueprint on Minority Quotas Resurfaces as Reservation Debate Returns to Centre Stage

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Digital Data Collection In India

    India’s Data Reset Begins: Census 2027 to Become First Fully Digital Population Count

    5 Facilities in Bengaluru Specializing in Mental Health Treatment for Those with Cancer

    5 Facilities in Bengaluru Specializing in Mental Health Treatment for Those with Cancer

    UNESCO World Book Day and Copyright Day

    World Book Day 2026: UNESCO’s Multilingual Push Aligns with India’s Deep Literary Continuum

    Fashion Fusion Accessory Pairings That Modernize Your Look

    Fashion Fusion Accessory Pairings That Modernize Your Look

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    New address, old controversy as “Sheesh Mahal 2”

    From Flagstaff Road To Lodhi Estate: Kejriwal’s New Bungalow Triggers Fresh “Sheesh Mahal 2” Political Controversy

    The Bengal campaign takes a more aggressive turn.

    “Bengal Under Mafia Grip”: Yogi Adityanath Escalates Attack On TMC, Flags ‘Identity Crisis’ In Rally

    From AAP dissenter to BJP rebel, Swati Maliwal sharpens her attack on Kejriwal

    Did Swati Maliwal Just Puncture AAP’s Politics of Virtue?

    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    Ahmadis in Pakistan: From Faith to Marginalisation Under Law and Society

    Open Demat Account with Zero Annual Maintenance Charges What to Look For

    Open Demat Account with Zero Annual Maintenance Charges What to Look For

    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Blood in the Meadows: How the Pahalgam Terror Attack Exposed Calculated Targeting of Civilians in Kashmir

    Indian economy is stronger than the ranking.

    IMF Ranking Jolt Misread: India’s Economy Strong, Sixth Spot Just a Statistical Glitch

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    The scars of Pahalgam endure, even as the nation moves forward

    Pahalgam Anniversary: Modi Signals Firm National Stand as India Reasserts Anti-Terror Resolve

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Precision Strike: Indian Army Approves Procurement of Indigenous MPATGM to Modernise Infantry Wings

    Amit Shah on sensitive Gorkha land issue

    Shah Assures Constitutional Path for Gorkha Issue, Intensifies Attack on TMC at Bengal Rally

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    Historic Leap for ‘Aatmanirbhar Bharat’ as First India-Made BrahMos Missiles from Lucknow Join Indian Army

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Pakistan Tried to Bury an NYT Report. It Only Exposed Asim Munir’s Panic

    Pakistan Tried to Bury an NYT Report. It Only Exposed Asim Munir’s Panic

    The Strategic Double-Game: Pakistan’s Fatal Gambit in the US-Iran War

    The Strategic Double-Game: Pakistan’s Fatal Gambit in the US-Iran War

    When a repost became a foreign policy problem

    Trump’s India ‘Hellhole’ Insult Triggers Backlash as New Delhi Hits Back, US Scrambles for Damage Control

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    PLA Navy Day Spectacle vs South China Sea Reality: How Beijing’s Naval Pageantry Masks Maritime Coercion

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Chants of ‘Jai Badri Vishal’ Echo as Badrinath Portals Open; All Four Dhams Now Accessible to Pilgrims

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Kedarnath Dham Portals Open for Devotees After 181 Days Amid Vedic Chants, Traditional Rituals

    Sardar Patel and Amit Shah

    Sardar Patel’s 1947 Blueprint on Minority Quotas Resurfaces as Reservation Debate Returns to Centre Stage

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    The 1973 Constitution and ‘Bhutto’ the Man Who Made It: What Pakistan Owes and What It Destroyed

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    Digital Data Collection In India

    India’s Data Reset Begins: Census 2027 to Become First Fully Digital Population Count

    5 Facilities in Bengaluru Specializing in Mental Health Treatment for Those with Cancer

    5 Facilities in Bengaluru Specializing in Mental Health Treatment for Those with Cancer

    UNESCO World Book Day and Copyright Day

    World Book Day 2026: UNESCO’s Multilingual Push Aligns with India’s Deep Literary Continuum

    Fashion Fusion Accessory Pairings That Modernize Your Look

    Fashion Fusion Accessory Pairings That Modernize Your Look

    • 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

Shivam Jaiswal by Shivam Jaiswal
11 December 2022
in Law
The most iconic Indian case ever: 1973, Kesavananda Bharati vs State of Kerala
Share on FacebookShare on X

The Constitution of India is acclaimed as the most unique, elaborate and world’s largest constitution. It is a well-documented piece that is revered as the holy book of contemporary India and brings out the spirit of our nationhood. The legal document was chiselled and drafted by the great political leaders and legal luminaries of the past, most of whom played an active part in the freedom struggle. The connotations of liberty, freedom and rights which are the ‘essence of Independence’ have therefore, been given utmost significance in the Constitution, as we moved out of the yoke of British Raj.

Even the Constitution evolves!

The Constitution, being an organic document, has to be kept in tune with the changing dynamic of time and society. Therefore, our forefathers incorporated Article 368 to provide a mechanic for amending the Constitution to further the national interests. Evidently, as we progressed in our democratic journey the constitution amending mechanism was subjected to the whips and fancies of the political masters.

RelatedPosts

Gauhati HC Dismantles Pawan Khera’s Defence, Backs Custodial Probe

BJP’s Street Showdown After Women’s Bill Collapse: Bansuri Swaraj Detained Outside Rahul Gandhi’s Residence

Women’s Quota Bill Defeat Exposes Congress’ Double Game, Smriti Irani Calls Out ‘Betrayal of Millions of Women’

Load More

Therefore, the judiciary was forced to intervene and ensure enough checks and balances were put in. The Apex Court in its most venerated judgment of Kesavananda Bharati vs State of Kerala settled the matter once and for all and provided the “Doctrine of Basic Structure,” which is considered to be the ‘Lakshman Rekha’ which the political class cannot obliterate.

Also read: 1st Constitutional Amendment: How Nehru sowed the seeds of communism

Factual Backdrop of the Case

The petitioner challenged the validity of the Kerala Land Reforms Act, 1963, but subject to the pendency of the case, the law was amended in 1971 and placed under the 9th Schedule. The laws under the 9th Schedule are saved from judicial scrutiny. Thus, the government calibrated the move so as to avoid judicial intervention in the matter by bringing in the 29th Constitutional Amendment Act.

The apex court allowed the petitioner to challenge the constitutional validity of the 24th, 25th and 29th Constitutional Amendment Act. The Supreme Court therefore, constituted a Special 13 Judges Bench to evaluate the constitution amending powers and the checks and balances imposed on the Parliament while exercising such rights under Article 368.

Dispute before the Supreme Court

The government of the time was of the view that the constitution amending powers of the Parliament under Article 368 are absolute and can be only undone by an Act of Parliament using the same power and not otherwise. That is to say, that the government contended that ‘land reform legislation’ challenged before the Supreme Court in the present case was not open to judicial intervention.

The government’s stance was that the said law was protected from judicial scrutiny by virtue of being placed under Schedule IX. Further, contention was that the law can only be changed by the Parliament using Article 368 and the judiciary is barred from intervening with the move of the government.

Also read: When Ram Manohar Lohia took on Nehru over the First Amendment and won

Era of 1970s: Conflict between the Judiciary and the Government

The decade between 1970-80 is an infamous chapter in the history of our democracy. Much of it was due to the authoritarian approach of the government. In the instant case as well, the position adopted by the government was motivated with the intention to bypass the power of ‘Judicial Review’ and establish legislative supremacy over the judiciary.

The judiciary however, did not deter from upholding Constitutional Supremacy and came up with this historic judgment which settled the debate centred around the power of judicial review on constitutional amendments.

Verdict of the Supreme Court

The Special Bench of the Supreme Court by majority of 7:6 overruled the Golak Nath’s verdict and held that the Parliament is bestowed with wide amending powers by virtue of Article 368 and it extends to all the provisions of the Constitution. But the amending powers are not absolute and cannot abrogate the basic structure or the architectural foundations of the spirit of the Constitution.

As regards to the scope of amending powers under Article 368, with respect to fundamental rights, the majority (7 Judges) held that there is inherent and implied limitation on the power of the Parliament. The majority view endorsed that the basic elements of the constitution cannot be obliterated with political might.

Whereas, the minority (6 Judges) opinion was that there is no implied limitation on the amending powers of the Parliament, but the power to amend does not include the power to abrogate the constitution.

The Supreme Court has therefore listed as many as six basic or rather essential features in this judgment that cannot be abrogated by the political class. These include:

  1.     Supremacy of the Constitution;
  2.     Objectives of the Preamble;
  3.     Powers under Article 32;
  4.     The Sovereign, Democratic and Republic structure;
  5.     Unity and Integrity of the nation;
  6.     Balance between Fundamental Rights and Directive Principles.

However, in the later cases, the number of basic elements was increased to seventeen, whereby the power of the Parliament under Article 368 could be kept under check. The detailed analysis of the judgment and the basic structure would be carried out in the subsequent publication.

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=CJIi_SYbgUw

Tags: Constitutional AmendmentDoctrine of Basic StructureGovernmentIndian ConstitutionJudiciaryParliamentSupreme Court
ShareTweetSend
Previous Post

Tuljapur Tulja Bhavani Temple – History and how to reach

Next Post

24 minutes of screen time and an Oscar for that, only sir Anthony Hopkins could have done it

Related Posts

From trust to tragedy: a case that exposed how familiarity inside a home turned into its biggest security breach.
Crime

Two States, One Crime Trail: Ex-Domestic Help Arrested in IRS Officer’s Daughter Rape and Murder Case

23 April 2026

A former domestic worker who raped and murdered the 22-year-old daughter of an Indian Revenue Service (IRS) officer in...

“Celebration or betrayal? Women’s reservation bill defeat ignites political war
Law

Women’s Quota Bill Defeat Exposes Congress’ Double Game, Smriti Irani Calls Out ‘Betrayal of Millions of Women’

18 April 2026

A day after the Women’s Reservation Bill collapsed in the Lok Sabha, senior BJP leader Smriti Irani launched a...

Using CHP Reports to Identify Witnesses and Parties in a Crash
Law

Using CHP Reports to Identify Witnesses and Parties in a Crash

18 April 2026

After a crash, identifying everyone involved is one of the most important steps in building a strong legal or...

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

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

From Runways to Warships: India’s Firefighting Warrior Built for Bases & Battles| IAF | VayuShakti

00:05:40

Ethanol, EVs and Solar- How India’s Energy Game Is Changing | Modi on LPG & Crude Oil | war| Hormuz

00:05:21

Truth of IRIS Dena: 8 Days That Changed Narrative | War zone Reality, Not an Indian Navy Exercise

00:08:02

300 Million Euros for SCALP: Strategic Necessity or Costly Dependency on France300

00:04:06

Tejas Mk1A: 19th aircraft coupled but Not Delivered: What Is Holding Back the IAF Induction?

00:07:21
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

©2026 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

©2026 TFI Media Private Limited