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The Kesavananda Bharati case began in 1967 during the Golaknath case. Before we can understand the Kesavananda Bharati case, it is necessary to know the details of the Golaknath case.
The Nath family, including Henry and William Golak Nath, held over 500 acres of land in Punjab. In opposition to The 1953 Punjab Security and Land Tenures Act, the state government decided that the brothers could own just 30 acres each. The remaining acres were transferred to tenants, and the remainder was declared surplus. The Golak Nath family challenged this decision Golak Nath family before the courts, which led to the matter being referred to the Supreme Court in 1965.
Historical Detail of Case
We know that the creators of the Constitution of India had given two kinds of rights to residents of India. One was legal, and the other was not enforceable. Part III is the justiciable Fundamental right, and, if it is abridged, one can knock on the door to the Supreme Court under article 32 or the High Court under Article 226. Another provision in Part-IV is not justiciable, and nobody can go to Court if it is abridged.
When India gained independence, it was a time when land distributions were completely uneven, as Zamindars were the most privileged of the land.
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Kesavananda Bharati vs Kerala State 1973 Case
Kesavananda Bharati was a Hindu pontiff as well as head of the Math. The Government of Kerala had passed legislation that eliminated the rights of Kesavananda Bharati to oversee the matters of religion for his Math. But Article 26 of the Constitution of India confers the right to every religious institution to run its activities. This law was removing the rights of Kesavananda Bharati as per Article 26. Nani Palkhivala, the best lawyer, assisted Fali S Nariman and convinced Kesavananda Bharati to file the petition under Article 26.
Supreme Court CJI Mr Sikri created the largest constitutional panel comprising 13 judges to examine the previous ruling that Golak Nath issued. The lengthy debate ran for five months. Then the day of judgement arrived with SC, and the bench declared their verdict in 7:6. The judgement, in this case, altered the appearance and meaning of the Republic of India forever. This decision promulgated the Doctrine of Basic Structure, widely praised worldwide. That struck a delicate balance between the rigidity and the flexibility in the Constitution.
The Court ruled that the legislature should alter any section of the Constitution, including fundamental rights. Fundamental right and overruled the Golak Nath decision by saying that the Constitutional Amendment doesn’t fall under the definition of law according to Article 13. However, it did make a condition because the Constitutional Amendment should not take away the Constitutional structure.
The question is: What is the Basic Structure? And why did the Kesavananda Bharathi case start? The ruling did not clearly define the fundamental structure. Every judge had an opinion on the matter. Suppose we try to get the opinions of judges. In that case, we will find the sovereignty of democracy and sovereignty, republic, Secular judicial Review for any legislation, any mandate to establish a social welfare system (i.e., Socialist ideas of thought), etc., are a few of the fundamental structures. Therefore the Constitutional Amendment cannot take away these rights. The judiciary remained open and did not fix the boundaries of the Basic Structure. It retained all the power to determine the structure.
Everyone was impressed by the balance, as the legislature was granted the power to amend the Constitution but maintain the Basic Structure. The judiciary was the sole and sole authority in deciding what would be the Basic Structure.
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Aftermath of Kesavananda Bharati case
Indira Gandhi, the former Prime Minister, was very upset over the Kesavananda Bharati case and contemplated giving Supreme Court judges a lesson. Supreme Court had a tradition that only the highest judge is appointed CJI. Indira Gandhi disregarded three top judges, Shelat, Grover, and Hegde. She appointed A N Ray, the judge who dissented in the Keshavnandan Bharti v State of Kerala case, the CJI. This caused an outpouring of anger, and cries ensued. Shelat, Grover, and Hegde all resigned.
It was the darkest time in Indian democracy, and a Big Battle was set to occur between the Supreme Court and Indira Gandhi.
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Conclusion
Keshavananda Bharti was the one who helped save Indian democracy by establishing the famous ‘Basic Structure Doctrine. Kesavananda Bharati case was the Kerala seer from Edneer Mutt, whose property rights were restricted and protested against in the Constitution (29th Amendment) Act 1972, arguing against the Kerala government’s attempts under two-state land reform laws to limit the administration of the (mutt) properties. The amendments essentially granted Parliament an uncontrollable power to alter or eliminate any fundamental rights. And that’s how Kesavananda Bharati vs Kerala state case started. These drastic changes were challenged through Kesavananda Bharati, the head of a Math in Kerala.
