Kesavananda Bharati vs. State of Kerala |Explained Case Brief

Introduction

Kesavananda Bharati vs. State of Kerala (1973), also known as the fundamental rights case. It is considered one of the most significant cases in the history of the Constitution. It defines the doctrine of the basic structure of the Constitution to protect the interests of both citizens and the Parliament of India.

A 13-judge bench was set up by the Supreme Court, the biggest so far(1), and the case was heard over 68 working days spread over six months.

History of the Kesavananda Bharati case

In the verdict of Shankari Prasad vs Union of India (1951) and Sajjan Singh vs the State of Rajasthan (1965) case Supreme Court conceded the absolute power to parliament in amending the Constitution, including fundamental rights.

ButArticlee 13(2) states: " The State shall not make any law which takes away or abridges the right conferred by this Part (i.e., Part III), and any law made in contravention of this clause shall, to the extent of the contravention, be void.”

In the case of Golaknath v. State of Punjab (1967), the Supreme Court held that Parliament could not amend fundamental rights mentioned in Part III of the Indian Constitution, and the power to amend the Constitution would be only with a Constituent Assembly.

TTo overridethe judgments of the Supreme Court in the case of Golaknath vs State of Punjab (1967), RC Cooper case (1970), and Madhavrao Scindia case (1970), the government passed the 24th Constitutional Amendment Act, 1971, and 25th Constitutional (Amendment) Act, 1972.

24th Constitutional (Amendment) Act, 1971- Parliament had also given itself the power to amend any part of the Constitution.

25th Constitutional (Amendment) Act, 1972- The property right had been removed as a fundamental right.

Facts of the case

To improve the social and economic condition of the state. Government introduce Kerala Land Reform Act, 1963. The act restricts the management of its property. It restricts the property rights of the citizen. By using this act, the government acquired the land of Edneer Muttt in the Kasaragod district.

On 21 March 1970, the petitioner Kesavananda Bharati. The head of theDenier Muttt community. Move to the supreme court under article 32 of the constitution for the enforcement of fundamental right Article 14(Right to equality), Article 19(1)(f)(freedom to acquire property), Article 25 (Right to practice and propagate religion), Article 26 (Right to manage religious affairs), and Article 31 (Compulsory Acquisition of Property).

But during the pendency of the petition, the Kerala Land act amended in 1971 and was placed in the Ninth Schedule by the constitution 29th amendment act 1971. The petitioner was permitted to challenge the validity of the Twenty-Fourth, Twenty-Fifth, and Twenty-Ninth Amendment Acts to the Constitution