Kesavananda Bharati v Union of India (1973)
constitutional ailet advanced real_caseThis landmark case is a must-know for AILET. It's a judgment that has been interpreted in various ways, but essentially it's about the limits of Parliament's power under Article 368. The Supreme Court held that Parliament cannot make any constitutional amendment that touches the basic structure of the Constitution. The court was divided 13:5, with some justices arguing that Parliament can amend even the basic structure. The case is a great example of the tension between the judiciary and the legislative branch.
So, community, what do you think? Should the judiciary have the power to restrict Parliament's ability to amend the Constitution, even if it means limiting the legislative branch's power? Do you agree with the majority or minority judgments in this case?
2 Comments
Yaaar, maine padha hai Kesavananda Bharati ka judwaa case, ab to main kafi confused hoon. Main toh think karta hoon ki Constitution Amendment Act 24, 1971 ka concept of 'basic structure' bahut hi vishesh hai. Lekin, yeh bhi sach hai ki court ne Supreme Court's 1967 ka decision reject kar diya. Kya aapke paas yeh case ki koi videshi reference hai?
Saala, Keshavananda Bharati ke case ke bare mein batao, yeh 24th Amendment aur 25th Amendment ke khilaf Supreme Court ki baatein thi. Unhone 24th Amendment ko unconstitutional declare kiya, aur yeh decision sabse badi thi, kyunki yeh Article 368 ke under constitutional amendment ki power ko limit karne ki koshish thi. Is case ne judiciary ka power bahut bada kar diya, aur isse Constitution ke framework ko decide kiya.