Kesavananda Bharati, petitioner in case that brought basic structure doctrine, passes away

he of Kerala's Edaneer Mutt in Kasargod - Kesavananda Bharati - passed away on Sunday, September 6, d 79 due to -related ailments. As per police he passed away at around 3.30 AM on Sunday morning. He will be remembered for Kesavananda Bharati case - that led to Supreme Court evolving celebrated doctrine of  'basic structure of Constitution'.

Kesavananda Bharati case

Four deces ago, Bharati h challenged a case related to Kerala Land Reform Act that set principle that Supreme Court is guardian of basic structure of Constitution, and verdict involved 13 judges - largest bench ever to sit in apex court. 13-judge Bench of Supreme Court ruled on April 24, 1973, by a 7-6 majority judgment in ‘His Holiness Kesavananda Bharati Sripagalvaru and Ors. Vs. State of Kerala and Anr’, that 'basic structure of Constitution' is cant be amended by Parliament. While  n Chief Justice of India S M Sikri, and Justices K S Hegde, A K Mukherjea, J M Shelat, A N Grover, P Jaganmohan Reddy, and H R Khanna delivered majority opinion, Justices A N Ray, D G Palekar, K K Maw, M H Beg, S N Dwivedi, and Y V Chandrachud dissented.

case of Kesavananda Bharati vs State of Kerala was heard for 68 days and continues to hold top spot for longest proceedings ever to have taken place in top court. hearing in case commenced on October 31, 1972, and concluded on March 23, 1973. It remains among most referred to cases and forms  fundamental tenet in Indian Constitutional law.

top court in its judgment stated that Article 368 of Constitution, which gives Parliament powers to amend Constitution, is t absolute, and that re must be something that should remain of original Constitution and that cant be amended by Parliament. This is kwn to be doctrine of basic structure. However,  apex court did t define what exactly is basic structure itself. It has mentioned features of basic structure - federalism, secularism, and democracy being some among m.

(Im credit: Twitter AN Rhakrishnan @anrbjp)