LIJDLR

KESAVANANDA BHARATI V. STATE OF KERALA: A LANDMARK IN THE DEVELOPMENT OF INDIA’S JUDICIAL PROCESS

Akansha Barua , LL.M. (Cyber Law), IILM University, Greater Noida (India)

The judgment in Kesavananda Bharati v. State of Kerala (1973) is widely regarded as a turning point in India’s judicial and constitutional history. Delivered by a thirteen-judge bench of the Supreme Court, this case addressed the scope of Parliament’s amending power under Article 368 of the Constitution. The central issue was whether Parliament’s authority extended to altering the very foundation and identity of the Constitution. By a narrow margin of 7:6, the Court propounded the Basic Structure Doctrine, which held that while Parliament has extensive amending powers, it cannot destroy or abrogate the essential features that form the Constitution’s identity. These include the supremacy of the Constitution, the rule of law, judicial review, democracy, secularism, separation of powers, and fundamental rights. This doctrine preserved the sanctity of the Constitution and redefined the relationship between the legislature and the judiciary by establishing the latter as the ultimate guardian of constitutional principles. The judgment was particularly significant during the Emergency period (1975–77), when democratic values and fundamental rights were under threat. It prevented the concentration of absolute power in the hands of transient parliamentary majorities, thereby safeguarding India’s democratic framework. Thus, the Kesavananda Bharati judgment not only curtailed the risks of authoritarianism but also reaffirmed the Constitution as a living document that is flexible yet firmly anchored in its core principles. It remains the cornerstone of Indian constitutional jurisprudence and the defining moment that shaped the future of judicial review and constitutionalism in India.

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Research Paper LawFoyer International Journal of Doctrinal Legal Research (LIJDLR), Volume 3, Issue 4, Page 626–642.
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