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

Volume III Issue IV /

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) Download Manuscript doi.org/10.70183/lijdlr.2025.v03.147 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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THE ROLE OF SOCIAL MEDIA IN SHAPING PUBLIC OPINION AND LAW

Volume III Issue IV /

THE ROLE OF SOCIAL MEDIA IN SHAPING PUBLIC OPINION AND LAW Wasim Ul Haq, B.A. LL.B. (Hons.) Graduate, Vivekananda Global University, Jaipur (India). Download Manuscript doi.org/10.70183/lijdlr.2025.v03.133 Social media has become a defining element of the 21st century, transforming how individuals express opinions, mobilize communities, and engage with the law. Digital platforms like X (formerly Twitter), Facebook, and Instagram have evolved into virtual forums that influence public perception, social behavior, and even judicial decision-making. This paper examines how social media functions as a double-edged tool—serving as both a democratic space for awareness and a breeding ground for misinformation. It explores the interrelationship between law and online expression in India, analyzing landmark cases such as Shreya Singhal v. Union of India (2015) and Anuradha Bhasin v. Union of India (2020). The study highlights how public opinion generated through social media has influenced judicial trends, legislative amendments, and activism. It further discusses the challenges of regulating digital spaces while preserving the constitutional right to free speech. Ultimately, this paper argues that a balanced approach between freedom and accountability is essential to ensure that social media remains a tool of empowerment rather than manipulation.

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TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA

Volume II Issue IV /

TRANSFORMATIVE JUSTICE: JUDICIAL ACTIVISM AS A CATALYST FOR CONSTITUTIONAL EVOLUTION IN INDIA Saara Upadhyaya, B.A.LL.B student at Kalinga Institute of Industrial Technology, School of Law. Download Manuscript doi.org/10.70183/lijdlr.2024.v02.41 In an era where the boundaries of rights and governance are constantly tested, judicial activism emerges as a significant force for constitutional interpretation, reshaping the landscape of justice and democracy. The necessity of Judicial Activism is prevalent in all the cases where there is a want of justice that is not legislated by a specific law but is established through constitutional principles. This paper aims to explore and discuss the role of judicial activism in the interpretation of the Constitution. It highlights the important features of judicial activism in establishing constitutional law in India and also discusses its types. It also discusses how judicial activism differs across various countries and legal systems and gives a Comparative analysis of judicial activism between India, Pakistan, South Africa, Canada, and the USA. This study throws light on how two distinct philosophies, i.e. judicial activism and judicial restraint differ in interpreting the Constitution in their ways. This paper discusses and analyses some of the most prominent case laws like Keshavananda Bharathi vs State of Kerala, Golakhnath vs State of Punjab, and Vishaka vs. State of Rajasthan that shaped judicial activism in India. This study reflects on the importance of maintaining a judicious approach to activism within the judiciary while upholding constitutional values. It concludes with recommendations and highlights the importance of judiciary intervention in the Constitution. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue IV, Page 17-32. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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PARLIAMENTARY PRIVILEGES IN INDIA: EXPLORING THE IMPERATIVE FOR CODIFICATION AND A COMPARATIVE PERSPECTIVE WITH AUSTRALIA

Volume II Issue III /

PARLIAMENTARY PRIVILEGES IN INDIA: EXPLORING THE IMPERATIVE FOR CODIFICATION AND A COMPARATIVE PERSPECTIVE WITH AUSTRALIA Prakriti Dutta, 3rd year BALLB(H), Symbiosis Law School, Pune Download Manuscript doi.org/10.70183/lijdlr.2024.v02.9 “Parliamentary privilege is not a cloak for fraud.” – Lord Denning Is it really necessary to grant special privileges to those who represent, serve, and govern the people? This is arguably the most critical question in the history of democracy. Why should we grant special rights to politicians in their capacities as representatives is a subject that has been posed all across the world? The term “parliamentary privileges” refers to the specific rights and protections afforded to members of parliament; this question becomes highly pertinent. This study digs into the complex world of parliamentary privileges, looking at their development across time and current problems. It gives a thorough analysis of these advantages within the Indian legal system, covering their reach, their immunities, and the precarious balance between accountability and immunity. The research reveals different approaches to parliamentary privileges in various democratic systems through a comparative lens with Australia. The study fervently supports the codification of privileges as a revolutionary step towards enhancing accountability, transparency, and efficient governance. To eloquently depict the complex challenges legislators face while juggling their advantages in the face of the demand for responsible behaviour, a captivating Indian case study is explored. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume II, Issue III, Page 118-140. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY

Volume 1 Issue IV /

THE COERCIVE POWER OF THE STATE AND ITS RELEVANCE IN MODERN DEMOCRACY SAURABH KUMAR, Student, LLM, Criminal Law At Chanakya National Law University, Mithapur , Patna (Bihar). Download Manuscript ABSTRACT The interplay between the coercive power of the state and the principle of democracy presents a nuanced and complex dynamic, particularly in the context of modern democracies like India. This abstract explores the relevance of coercive power in safeguarding national security while upholding democratic values, focusing on India’s intricate socio-political landscape. In India, a diverse and vibrant democracy, the state’s exercise of coercive power often intersects with the imperatives of national security. This abstract delves into the multifaceted relationship between coercive power and national security, analyzing the theoretical justifications, practical implications, and ethical considerations inherent in the Indian context. It examines historical events and contemporary challenges, shedding light on how the state’s coercive measures have shaped India’s security policies and democratic ethos. The abstract emphasizes the delicate balance required to reconcile the state’s security imperatives with the preservation of individual rights and democratic principles. It explores the challenges faced by India in navigating this balance, including the impact of conflicts, insurgencies, and terrorist threats on civil liberties. Additionally, it highlights the role of oversight mechanisms, judicial review, and legislative checks in ensuring accountability and transparency in the exercise of coercive power. Through case studies and analysis, the abstract underscores India’s ongoing efforts to adapt its legal and policy frameworks to address emerging security threats while safeguarding democratic values. It discusses key milestones in India’s history, such as the Emergency in 1975 and the 2008 Mumbai attacks, to illustrate the complexities of balancing security and liberty. Moreover, it explores contemporary issues such as internet shutdowns and data privacy concerns in the digital age, reflecting India’s evolving approach to coercive power in a dynamic socio-political landscape. Type Information Research Paper LawFoyer International Journal of Doctrinal Legal Research, Volume I, Issue IV, Page 377-394. Creative Commons Copyright This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License. Copyright © LIJDLR 2024

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