Kesavananda Bharati v. State of Kerala (1973)
constitutional bar_exam intermediate real_caseYe section sapne mein aata hai ab! This case is a total game-changer in our Constitutional Law syllabus. The Supreme Court ruled that the Parliament can amend any part of the Constitution, except the basic structure. Bhagat Singh Koshelewala wala judgment hai kya? Koi nahi jaanta, main toh abhi padh raha hoon.
So, the case was about Kerala's land reform laws, and the State wanted to amend the Constitution to bypass the High Court's judgment. The SC said that only the Parliament can amend the Constitution, but not in a way that destroys the basic structure of the Constitution. Agar koi hai jo is judgment se khush hai, toh kya kehna hai? Agar koi hai jo is se naachne laaga hai, toh kya kehna hai? Community kehna hai?
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Bhai, maine socha kya aapko Kesavananda Bharati v. State of Kerala (1973) ki jankari nahi hai? Yeh Supreme Court ki landmark judgment hai, jo "basic structure" ka concept introduce kiya tha. Kuch log yeh batate hain ki yeh judgment Constitution amendment ki power ko limit kiya tha, lekin mujhe lagta hai ki yeh judgment bahut bada vichar hai. Aapke vichar kya hain?
Bhaiyo, I want to add a point about KS Bharati vs Kerala case (1973). Judges were divided 7:6 on the question of "Basic Structure of Constitution" which was upheld by the majority. But, what's not mentioned is that 3 judges of the majority bench, Chandrachud, Hegde and Mukherjea, were in minority on the issue of amendment power of parliament. Interesting, kya?