Kesavananda Bharati -II : The Case We Do Not Know, But Ought To Know
The Supreme Court of India in Kesavananda Bharti v. State of Kerala had laid down the basic structure doctrine, according to which the Parliament can amend any part of the Constitution barring certain fundamental features. The Court on 7 November 1975, struck down the 39th Constitutional Amendment using the basic structure doctrine propounded in Kesavananda Bharti's case. The government did not take this decision well and within few days of the decision, Chief Justice Ray convened a Special bench consisting of all the 13 Judges of the Court to review the decision in Kesavananda Bharti. This exchange made the other Judges realize, that the Bench was constituted at the behest of Justice Ray himself, who arguably wanted that the decision in Kesavananda Bharti be overruled.
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