TFIPOST हिन्दी
TFIPOST Global
Tfipost.com
Tfipost.com
No Result
View All Result
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • Books
    • Cinema
    • Food
    • Health
    • Sports
    • technology
    • Travel
    • Satire
Tfipost.com
  • Premium
  • Politics
    • All
    • Analysis
    • Opinions
    • Trending
    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Why Zohran Mamdani Became a Flashpoint in Revanth Reddy’s Blocked US Visit

    Allahabad HC Rejects Hijab Plea in School Uniform

    Allahabad HC Rejects Hijab Plea in School Uniform

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    UNCERD’s Pahalgam-Linked Rohingya Claims Spark Debate Over Alleged Anti-India Narrative

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    FIR Registered Against YouTuber Ajeet Bharti Under SC/ST Act; Bharti Hits Back, Says He Couldn’t Stay Silent on Abuse of His Mother and Sister

    • Analysis
    • Opinions
    • Trending
  • Economy
    • All
    • Business
    • Economy1
    • Finance
    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    India’s Hidden Crisis: 8.7 Crore Youth Neither Studying Nor Working Threaten ‘Viksit Bharat’ Visiontfi

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    A New Path for BTC Reward Strategies: An Investment Guide to Exploring SHR Miner’s Potential Daily Earnings of Up to $7,700

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Lalithaa Jewellery Mart IPO: A Look at India’s Gold and Jewellery Retail Boom

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    Horizon IPO and the Growing Buzz Around Upcoming Public Offerings in India

    • Business
    • Finance
  • Defense
    • All
    • Defence
    • Strategy
    • Weaponry
    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    Panama-flagged cargo ship carrying 24 sinks in Bay of Bengal; Coast Guard launches rescue operation

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    IAF concludes high-tempo multinational exercises Pitch Black and Udara Shakti 2026

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    From Service to Yogasana: Armed Forces Bet on Yoga to Give Agniveers a Head Start as Instructors

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    The Guns Behind the Headlines: Artillery’s Role in Operation Sindoor

    • Defence
    • Strategy
    • Weaponry
  • Geopolitics
    • All
    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
    Rawalpindi under Army security cover for six months

    Rawalpindi under Army security cover for six months

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    Thousands of Pakistani Sailors Work the World’s Most Dangerous Shipping Lane. Who Is Watching Out for Them?

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    India Removes Security Barricades Outside Pakistan High Commission in Delhi

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    Indus Waters Row: Pakistan Draws Another ‘Red Line,’ But What Happens When the Rhetoric Runs Dry?

    • Africa
    • Americas
    • Asia Pacific
    • Europe
    • South Asia
    • West Asia
  • Knowledge
    • All
    • Culture
    • Education
    • History
    • Indology
    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Allahabad High Court Rejects Student’s Plea to Wear Hijab With School Uniform

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Pakistan to award two Mumbai-born Parsi doctors for keeping Jinnah’s illness secret

    Unsung South Indian Freedom Fighters Remembered on 79th Independence Day

    Independence Day: Remembering South India’s Unsung Freedom Warriors

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    National Handloom Day 2026: PM Modi Salutes India’s Weavers, Ministry Confers Awards at Rashtrapati Bhavan

    • Culture
    • History
    • Indology
  • Law
  • Lounge
    • All
    • Books
    • Cinema
    • Entertainment
    • Food
    • Games
    • Health
    • Lifestyle
    • Satire
    • Sports
    • technology
    • Travel
    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    5 AI Agent Courses for Automation Engineers Building Tool-Connected Business Workflows

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    Family of Three Dies After iPhone EMI Dispute in Maharashtra — A Tragedy Marketing Helped Write

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    AI vs Expert Predictions: Which Gets Cricket Right More Often?

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    The Connection Between Ayurveda, Skin Health, and Daily Wellness

    • 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

Ram Mandir Donation Probe Faces Fresh Scrutiny

Pune Court Sends 65-Year-Old to Gallows in Brutal Rape and Murder of 3-Year-Old Girl, Says Crime Shocks Collective Conscience

8th Pay Commission Update: Salary Hike Demands, Fitment Factor Debate and State-Level Consultations Intensify as Key Decisions Near

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

The Biggest Mistakes Injured Workers Make After a Workplace Accident
Law

The Biggest Mistakes Injured Workers Make After a Workplace Accident

20 August 2026

A workplace injury can change everything in a matter of seconds. One moment you are focused on your job,...

Reasons a Truck Accident Case May Go to Trial
Law

Reasons a Truck Accident Case May Go to Trial

19 July 2026

A truck accident case may go to trial when the parties cannot agree on liability, the value of the...

What Evidence is Used to Calculate Economic Damages?
Law

What Evidence is Used to Calculate Economic Damages?

1 July 2026

Economic damages are the actual financial losses a person suffers after an injury or wrongful act. They cover things...

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

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

OP SINDOOR: HOW WOMEN PILOTS BRAHMOSED LASHKAR DEN

00:03:55

Why India Needs a Bigger Navy | More Ships, More Presence, More Maritime Power

00:05:33

India’s Fighter Force Needs More Than Jets | Here’s Why 150 Trainers Matter ? IAF | HAWK | HAL

00:04:44

RAW Chief’s Dhaka Visit: Is India Rebuilding Security Ties With Bangladesh? Reset or Routine?

00:03:30

Kargil From the Sky: Inside IAF’s Operation Safed Sagar

00:05:36
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