Kesavananda Bharati v State of Kerala: Contract vs Sovereignty
constitutional general intermediate judgment_takeSo, maine padha hua hai, yaar! This SC judgment from 1973 is iconic. Kesavananda Bharati, a Sanyasi from Kerala, challenged the Kerala government's land acquisition Act. The main issue was whether Parliament can amend the Constitution to take away the basic structure of the Constitution. The SC held that Parliament can indeed amend the Constitution, but with one condition - they can't change the basic structure. This is where the concept of 'pith and substance' comes in. The Court ruled that even if the law is amended, if its pith and substance remains the same, it's not a valid amendment. My opinion? Agreed, yaar! The SC took a wise decision, balancing the power of Parliament with the sanctity of the Constitution.
1 comments
1 Comments
Sign in to join the discussion.
Bhai, I think Kesavananda Bharati v State of Kerala was a landmark case, yeh toh sach hai! But, I feel it's still not clear ki contract ki shakti kya hai vs sovereign power ki. Justice Shelat ki baat hai ki constituent power koi bhi law ka violation kar sakti hai, but yeh to constitution ki boundaries ka violation hai na?