Whether constitutional amendment as per article applicable to fundamental rights also? Whether 24th amendment act is valid? Whether section 2 a , 2 b and 3 of 25th amendment is valid? Whether 29th amendment act is valid?
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Login It was on this day; forty year ago Supreme Court decided the landmark judgement for ever, Kesavananda Bharati v. State of Kerala. The most significant contribution by Kesavananda Bharati judgment is the recognition of supremacy of the Constitution of India and its unalterable features.
The hard work and scholarship that had gone into the preparation of this case was breath taking. Literally hundreds of cases had been cited and the then Attorney-General had made a comparative chart analysing the provisions of the Constitutions of 71 different countries! Specifically the Supreme Court was also asked to decide whether this power to amend the constitution is also unlimited qua the fundamental rights. The outcome of the Kesavananda Bharati could be considered to be most remarkable, by the way in which the Supreme Court of India has helped to further the dynamics of democracy in India.
The Act had an impact upon the property of his religious institution which led to the challenge to the legislation itself. The case was decided on a wafer thin majority,i. But it could be concluded from the observations of Judges that the components of basic structure would include: Preamble, Fundamental Rights, Directive Principle of State Policy was unanimously held as Basic Structure.
Thus, eminent scholar Upendra Baxi has observed, Kesavananda Bharathi judgment is the Indian Constitution of the future.
Kesavananda Bharati's Case
Over the centuries, the singular truism which is well recognized is that the guidelines or laws to be enforced, cannot be mired in time and need to evolve so as to be relevant to the prevailing social and moral context. This truism requires constant change, which like all change is disruptive. History therefore inevitably reveals turbulence and conflict as the legal framework slowly adapts in a struggle to keep pace with social evolution. This is because under the common law system, the law of the land is made by the courts since it is the manner in which courts interpret statutes that creates the judicial precedents which then is the established law.
Keshvananda Bharati v State of Kerala, (1973)
Cj Shelat, J. Mukherjea, B. Chandrachud, Y. Referred Cases: 1. The sect had certain lands acquired under its name.