Kesavananda Bharati v. State of Kerala (1973)
constitutional cuet_pg advanced judgment_takeThis case is like the OG of Constitutional Law in India, but honestly, I still find it mind-boggling. The Supreme Court held that Parliament can amend any part of the Constitution, EXCEPT for those provisions that were a part of the original Constitution, i.e., the basic structure. Now, I'm not sure if I agree or disagree - it seems like a convenient loophole, but what's the actual impact? I mean, what's the scope of 'basic structure'? Does it include fundamental rights or is it just the institutional framework? Section 4 of the 42nd Amendment Act, 1976, was the result of this verdict - it basically negated the limitations on Parliament's power to amend.
CUT PG Law - This case is relevant to the topic of Constitutional Law and its application in various contexts, like the concept of basic structure and the limits of Parliament's power to amend.
Maine socha hai ki yeh sabhi ko 24th Amendment ko sahi kehne ka faisla karne mein, Kesavananda Bharati ka faisla galat tha. Lekin, Constitution ke Article 368 ko thik se samajhna zaroori hai. Yeh Amendment koi bhi constitutional amendment ko parliament ki raay aur approval se bina, tabhi change kar sakta hai, isliye yeh ek bahut bada khel hai.