KESAVANANDA BHARATI CASE 1973 PDF

CASE NO.: Writ Petition (civil) of PETITIONER: Kesavananda Bharati Sripadagalvaru and Ors RESPONDENT: State of Kerala and Anr DATE OF. The judgment in Kesavananda Bharati v State of Kerala, whose 40th Exactly forty years ago, on April 24, , Chief Justice Sikri and The case of Kesavananda Bharati v. State of Kerala (Kesavananda . What the Supreme Court faced in was a struggle for supremacy.

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Shiva Rao observes that “the object of putting the Preamble last, the President of the Assembly explained, was to see that it was in conformity with the Constitution as accepted.

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The Federal Court and the Supreme Court of India have recognised and applied this principle in other cases:. Accordingly I do not rely on them as aids to construction. At first glance, it seemed that the government had won. It may be that these observations are obiter but these deserve our careful consideration, coming as they do from the Judicial Committee.

Article 29 1 gives protection to minorities and provides that “any section of the citizens residing in the territory of India or any part thereof having a distinct language, script or culture of its own shall have the right to conserve the same.

Although it may be contended that the Constitution is not the proper place for moral precepts, nevertheless Constitutional declaration of policy of this kind are now becoming increasingly frequent.

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It seems to me that in the context of the British Plan, the setting up of Minorities Sub-Committee, the Advisory Committee and the proceedings of these Committees, as well as the proceedings in the Constituent Assembly mentioned above, it is impossible to read the expression “Amendment of the Constitution” as empowering Parliament to abrogate the rights of minorities. In Kessvananda 5″all regulations made under the proviso to Clause 3 ” can be modified “whether by way of repeal or amendment” as both Houses of Parliament or the House or both Houses of the Legislature of the States may make during the session in which they are so laid.

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It will kezavananda noticed that Article is contained in a separate part and the heading is “Amendment of the Constitution”, but the marginal note reads “Procedure for amendment of the Constitution”.

Raj Naraina Constitution Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy. Thus, if a person was a governor for just one day, he acquired immunity from any legal proceedings for life. The way the Preamble is drafted leaves no doubt that what follows, or is annexed to, the Preamble, is the Constitution of India.

This conclusion constitutes an implied limitation on the powers of the President and the GovernOrs. Whereas Member States have pledged themselves kesavvananda achieve, in cooperation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms. The storm that broke over this was one of the main precursors to the Emergency. Article deals with claims of scheduled castles and scheduled tribes to services and posts.

This provision was intended to protect legislation dealing with agrarian reforms. For the purposes of these cases, it is sufficient to say that the fundamental rights are within the reach of the amending power.

Any law referred to in Clause 1 shall contain such provisions for the amendment of this Constitution cqse may be necessary to give effect to the provisions of the law and may also contain such supplemental, incidental and consequential provisions as Parliament may deem necessary.

Now this is the judgment which is relied on by Mr. I have no doubt that the Judicial Committee held that the provisions of Section 29 2 in the Ceylon Constitution were unamendable. Similarly, in Article of the Constitution, whereby the Kesavananca is enabled to send a message requesting the Houses to consider the desirability of introducing amendments, the “amendments” has a narrow meaning. I propose to divide my judgment into eight parts.

The Commonwealth fase C. The above brief summary of the work of the Advisory Committee and the Minorities Sub-Committee shows that no one ever contemplated that fundamental rights appertaining to the minorities would be liable to be abrogated by an amendment of the Constitution.

Article enables the President to nominate not more than two members of the Anglo-Indian community if it is not adequately represented in the House of the People. Article 32 4 further provides that “the right guaranteed by this article shall not kesaananda suspended except as otherwise provided for by this Constitution.

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In Articlewhich deals with legislative procedure, Clause 2 provides that “subject to the provisions of Articles anda Bill shall not be deemed to have been passed by the Kexavananda of Parliament unless it has been agreed to by both Houses, either without amendment or with such amendments only as are agreed to by both Houses.

To illustrate my point, as long as the words ‘sovereign democratic bharaati are there, could the Constitution be amended so as to depart from the democratic form of Government or its republic character?

Union of India and State of Bihar [] S. Story in his Commentaries on the Constitution of the United States states: It is also a matter for consideration whether making a change in a basic feature of the Constitution can be regarded merely as an amendment or would it be, in effect, rewriting a part of the Constitution; and if the latter, would it be within the purview of Article ?

The provisional Parliament is competent to exercise the power of amending the Constitution under Article According to him “Our Preamble is more akin in nature to the American Declaration of Independence July 4, then to the preamble to the Constittuion of the United States. Article 30 gives further rights to minorities whether based on religion or language to establish and administer educational institutions of their choice.

State of Punjab [] 2 S. Retrieved 12 August It is impossible to equate the directive principles with fundamental rights though it cannot be denied that they are very important. The learned Judge held that the essential elements of the basic structure of the Constitution are reflected in its preamble and that some of the important features of the Constitution are justice, freedom of expression and equality of status and opportunity.