Kesavananda Bharati V. State of Kerala () Shankari Prasad vs Union of India (AIR SC ) . Champakam Dorairajan vs State of Madras. Issue. JUDGMENT W.P.(C) OF Appellants: His Holiness Kesavananda Bharati Sripadagalvaru and Ors. Vs. Respondent: State of Kerala and Anr. Decided. The fundamental question dealt in Kesavananda Bharati v State of Kerala is whether the power to amend the constitution is an unlimited, or there is identifiable.

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Whereas it is kesavaananda, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law. It also added that Article merely tsate down the procedure for the purpose of amendment. After making these observations, the Judicial Committee set out Sub-sections 3 and 4 of Section 29 of the Ceylon Constitution. I may now briefly notice the directive principles mentioned in Part IV.

The provisional Parliament is competent to exercise the power of amending the Constitution under Article Whereas the founding fathers wanted the Constitution to be an adaptable document rather than a rigid framework for governance hence the provision of amendments were given in Article The bench was fearful that if the Parliament is given unrestricted amending power then a political party with a two-third majority in Parliament, for a few years, could make any change in the Constitution even to the extent of repealing it to suit its own preferences.

It is only when it conveys a clear and definite meaning in comparison with relatively obscure or indefinite enacting words that the preamble may legitimately prevail. Article 32 2 confers very wide powers on the Supreme Court, to issue directions or orders or writs including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, whichever may be appropriate, for the enforcement of any of the rights conferred by this Part.

Background In order to understand the famous case of Kesavananda Bharathi, one must trace through the basics, events and cases which led to the historic decision.

It was urged before the Court that Sankari Prasad’s [] S. The intention of the Imperial legislature in enacting the Constitution Act was to give effect to the wish of the Australian people to join in a federal union and keesavananda purpose of the Constitution was to establish a federal, kesavanahda not a unitary, system for the government of Australia and accordingly to provide for the distribution of the powers of government between the Commonwealth and the States who were to be the constituent members of the federation.


The Keshavananda Bharti case depicts the tussle between Articles 13 2 and Clause 2 of Article reads:. Article 22 4 deals with Preventive Detention. Parliament has not as yet chosen to amend the Preamble. For the purposes of these cases, it is sufficient to say that the fundamental rights are within the reach of the amending power. The import of this decision was not realised by this Court in Golak Nath’s [] 2 S. stare

Kesavananda Bharati Vs. State of Kerala – Law Times Journal

Seervai that the whole Constitution cannot be abrogated or repealed and a new one substituted. Unfortunately we have no properly constituted Legislatures in the rest of the States apart from Mysore, Saurashtra and Travancore and Cochin Union nor will it be possible to have Legislatures constituted in them before the Constitution of India emerges in its final form.

While considering this question it would be of relevance to bear in mind that the preamble is not of the common run such as is to be found in an Act of a legislature. Whereas Member States have pledged themselves to achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. Retrieved from ” https: Retrieved 12 January It reserved seats in the House of the People for these classes.

Ambedkar but he made it clear at p.

State of Punjaband considered the validity of the 24th, 25th, 26th and 29th amendments. One must pause and ask the question as to why did the Constituent. The ordinary principles of statutory construction do not preclude the making of implications when these are necessary to kesavanandx effect to bharatti intention of the legislature as revealed in the statute as a whole.

Above all, it formulated a solemn and dignified preamble which appears to be an epitome of the basic features of the Constitution. Here, the comprehensive expression “repeal or amend” gives power to have a completely new Act different from an existing act of Parliament. We have, therefore, no option but to make the Constitution operative in these States on the basis of its acceptance by the Ruler of the Rajpramukh, as the case may be, who will no doubt consult his Council of Ministers.

A questionnaire was drafted to enquire about political, economic, religious, educational and cultural safeguards. Per Lord Wright-James v. It further provided that no person shall be appointed as, or shall remain, a member of the Judicial Service Commission, if he is Senator or a Member of Parliament. They found that there was a plain conflict between Section 55 of the Constitution and Section 41 of the Bribery Amendment Act under which the panel was appointed. He took sanyasa at the age of 19 and has been heading the mutt since as Peetadhipathi and head of Edneer Mutt.


Supreme Court approved the judgment in Shankari Prasad case and held that on Article 13 kesavwnanda the case was rightly decided.

I may mention that an attempt was made to expand the word “amend” in Article by proposing an amendment that “by way of variation, addition, or repeal” be added but the amendment was rejected.

Retrieved 8 December It has been said, no doubt, that the preamble is not a part of our Constitution. In view of the great variation of the phrases used all through the Constitution it follows that the word “amendment” must derive its colour from Article and the rest of the provisions of the Constitution.

It is, however, a sound rule of construction that speeches made by members of a legislature in the course of debates relating to the enactment of a statute cannot be used as aids for interpreting any of provisions of the statute. According to the learned Judges, the broad contours of the basic elements and the fundamental features of the Constitution are delineated in the preamble and the Parliament has no power to abolish or emasculate those basic elements of fundamental features.

The basic structure doctrine forms the basis of power of the Indian judiciary to review, and strike down, amendments to the Constitution of India enacted by the Indian parliament which conflict with or seek to alter this basic structure of the Constitution. The members of the panel are paid remuneration Section State of Kerala, A.

Kesavananda Bharati Vs. State of Kerala

Article 48 directs the State to endeavour to organise agriculture and animal husbandry on modern and scientific lines, and in particular, to take steps for preserving and improving the breeds, and prohibiting the slaughter of cows and calves and other milch and draught cattle.

In each case an implication means that something not expressed is to be understood. Makarajadhiraja of Darbhanga SCR at You will remember that we passed the Fundamental Kkesavananda Committee’s Report which was sent by the Advisory Committee; the major part of those rights has been disposed of and accepted by this House. Similarly, in Article of the Constitution, whereby the President is enabled to send a message requesting the Houses to consider the desirability of introducing amendments, the “amendments” has a narrow meaning.

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