Revisiting a verdict
13 years, 2 months ago

Revisiting a verdict

The Hindu  

The Supreme Court's 1973 verdict in Kesavananda Bharati and the debate on the basic structure doctrine continue to fascinate observers. One, he disputes the general belief that the Supreme Court held in the Kesavananda case that Article 368 does not enable Parliament to alter the basic structure or framework of the Constitution. However, many observers, including Andhyarujina, consider that in Kesavananda, Justice Khanna did not share the Sikri-led judges' emphasis on treating the fundamental rights as unamendable basic features of the Constitution. Irrespective of such inconsistencies, it is possible to suggest that Justice Khanna decided to identify himself with the Sikri-led judges on the question of the fundamental rights being a part of the basic structure in view of Indira Gandhi's blatant abuse of constitutional provisions to keep her in office. To Andhyarujina's surprise, subsequent Benches of the Supreme Court accepted this clarification of Justice Khanna rather than what the plain reading of the Kesavananda judgments would suggest.

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History of this topic

When justice runs in veins
4 months, 2 weeks ago

When justice runs in veins

New Indian Express  

For Justice Sanjiv Khanna, who took oath as the 51st Chief Justice of India on November 11, sticking to the letter of the law and living up to its spirit have been like walking on a razor’s edge at times. Another observation about his professionalism related to CJI Khanna’s father, Justice Dev Raj Khanna, a former judge of the Delhi …

Article 370 to Arvind Kejriwal bail: Justice Sanjiv Khanna's defining judgments
4 months, 2 weeks ago

Article 370 to Arvind Kejriwal bail: Justice Sanjiv Khanna's defining judgments

India Today  

Ever since he was elevated as a Supreme Court judge in January 2019, Justice Sanjiv Khanna has been a part of several important rulings, including ones on the abrogation of Article 370 and the electoral bonds scheme. A LOOK AT JUSTICE SANJIV KHANNA'S DEFINING JUDGMENTS Among the first major cases he ruled on was whether the Right to Information Act …

Kesavananda Bharati Judgment Played A Pivotal Role In Developing Socio-Economic Justice, Independence Of Judiciary : Justice BR Gavai
1 year, 8 months ago

Kesavananda Bharati Judgment Played A Pivotal Role In Developing Socio-Economic Justice, Independence Of Judiciary : Justice BR Gavai

Live Law  

Citing landmark judgments and emphasizing the pivotal role of the Kesavananda Bharati case in the evolution of socio-economic justice and the independence of the judiciary in the country, Justice B.R. “Though all of us know that the case of Kesavananda Bharati is known for establishing the basic structure doctrine in this country, another aspect which needs to be considered is …

50th anniversary of Kesavananda Bharati verdict: SC dedicates web page
1 year, 11 months ago

50th anniversary of Kesavananda Bharati verdict: SC dedicates web page

Deccan Chronicle  

New Delhi: The Supreme Court on Monday dedicated to people, including researchers, a web page containing details of the arguments, written submissions and judgment in the historic Kesavananda Bharati case that laid down the path-breaking concept of the "basic structure" of the Constitution. Monday marked the 50th anniversary of the Kesavananda Bharati verdict. "We have dedicated a web page with …

Kesavananda Bharati case | SC creates webpage to host petitions, judgments of the historic 1973 Fundamental Rights case
1 year, 11 months ago

Kesavananda Bharati case | SC creates webpage to host petitions, judgments of the historic 1973 Fundamental Rights case

The Hindu  

Chief Justice of India D.Y. Chandrachud on April 24 announced that the Supreme Court has created a special webpage for the Kesavananda Bharati case in which a 13-judge Bench, the largest constituted in the court’s history, through a wafer-thin majority of 7:6, held that the Parliament cannot amend the ‘Basic Structure’ of Constitution. Amid criticism against collegium system The webpage …

Kesavananda Bharati case: SC creates special web page on 50th anniversary
1 year, 11 months ago

Kesavananda Bharati case: SC creates special web page on 50th anniversary

Hindustan Times  

The Supreme Court on Monday released a special web page to celebrate the 50th anniversary of its historic 1973 judgment in the Kesavananda Bharati case that evolved the doctrine of basic structure and laid down that Parliament can amend any part of the Constitution but cannot tinder with its basic structure – a check on the executive and the legislative …

In Indian Constitution vs Collegium Debate, Can the Govt & Judiciary Reconcile?
2 years, 2 months ago

In Indian Constitution vs Collegium Debate, Can the Govt & Judiciary Reconcile?

The Quint  

The Vice President of India Jagdeep Dhanker who is also the Chairman of the Rajya Sabha and Om Birla—the Speaker of the Lok Sabha have differently voiced their disagreement with the prevailing interpretation of the 24 April 1973 ‘basic doctrine’ verdict of the Supreme Court in the landmark Kesavananda Bharati case aka Fundamental Rights case. It may be recalled that …

Extraordinary Attack On Judiciary: Cong On Dhankar Questioning 1973 Kesavananda Bharati Verdict
2 years, 2 months ago

Extraordinary Attack On Judiciary: Cong On Dhankar Questioning 1973 Kesavananda Bharati Verdict

ABP News  

New Delhi: The Congress on Thursday hit out at Rajya Sabha Chairman Jagdeep Dhankhar's remarks questioning the landmark 1973 Kesavananda Bharati case verdict and said it was an "extraordinary attack on the judiciary." Vice President Dhankhar had on Wednesday criticised the scrapping of the NJAC Act in 2015 and also questioned the landmark 1973 Kesavananda Bharati case verdict, saying it …

1973: Kesavananda Bharati case
2 years, 7 months ago

1973: Kesavananda Bharati case

The Hindu  

Published : Aug 14, 2022 06:00 IST In an interview a few years before his passing in 2020, Kesavananda Bharati, the pontiff of the Edneer Mutt in Kasaragod in Kerala, said that when he challenged the Kerala Land Reforms Act he never thought that the subsequent Supreme Court judgment would become such a landmark event in the annals of the …

How Kesavananda Bharti vs State of Kerala led to basic structure doctrine
4 years, 6 months ago

How Kesavananda Bharti vs State of Kerala led to basic structure doctrine

Op India  

His Holiness Shri Kesavananda Bharti Sripadagalavaru, a prominent spiritual leader, the pontiff of Edneer Mutt in Kasargod left for his heavenly abode in the early hours of Sunday, September 6th, at the age of 79. Court ruled that even parliament could not change the basic structure of Constitution and Schedule IX could not take away the power of judicial review …

Kesavananda Bharati — the petitioner who saved democracy, but lost his case in Supreme Court
4 years, 6 months ago

Kesavananda Bharati — the petitioner who saved democracy, but lost his case in Supreme Court

The Hindu  

Kesavananda Bharati Swamiji, the sole unwitting petitioner in the historic Fundamental Rights case which prevented the nation from slipping into a totalitarian regime, died on Sunday. Mr. Palkhivala saw an opportunity through Swamiji's case to challenge a series of constitutional amendments introduced by the Indira Gandhi government granting unlimited power to Parliament to alter the Constitution. By sheer statistics, leave …

Kesavananda Bharati Judgment: An Exporter of Constitutional Ideas
4 years, 11 months ago

Kesavananda Bharati Judgment: An Exporter of Constitutional Ideas

Live Law  

Borrowing of legal principles from different legal systems is not a new concept and it has been happening since centuries. The "Basic Structure Doctrine" formulated in Kesavananda Case persuaded many constitutional courts, leading to recognition of this principle in their countries. After 16 years of Kesavananda verdict, Bangladesh Supreme Court also recognised the Basic Structure Doctrine in Anwar Hossain Chowdhary …

Remembering Justice H R Khanna On The 44th Anniversary Of ADM Jabalpur Verdict
4 years, 11 months ago

Remembering Justice H R Khanna On The 44th Anniversary Of ADM Jabalpur Verdict

Live Law  

In April 1976, when the infamous Emergency was in place in India, the New York Times wrote an article eulogising a Judge of the Indian Supreme Court, for his dissenting opinion in a judgment. Justice Khanna ultimately held that a citizen's right to approach the Courts could not be suspended even during an Emergency. In 1973, her government had broken …

Abhishek Manu Singhvi says verdict from SC ‘best solution’ to Ayodhya debate after five-judge Constitution Bench reserves judgment
5 years, 5 months ago

Abhishek Manu Singhvi says verdict from SC ‘best solution’ to Ayodhya debate after five-judge Constitution Bench reserves judgment

Firstpost  

New Delhi: Congress leader Abhishek Manu Singhvi on Wednesday stated that the Supreme Court’s verdict is the best solution to the Ayodhya debate for both minority and majority. “I am a firm believer that the best solution to what is a very fractious issue in this country, the Ayodhya debate, both for minority and for the majority, is the Supreme …

‘How Can You Disagree With Your Father’, CJI to AG During The Aadhaar Hearing on Tuesday
7 years, 8 months ago

‘How Can You Disagree With Your Father’, CJI to AG During The Aadhaar Hearing on Tuesday

Live Law  

During the hearing by the five-Judge Constitution Bench on the issue of reference of the right to privacy issue to a larger bench, the Chief Justice of India, J.S.Khehar asked the Attorney General, K.K.Venugopal, a pointed query, which made everyone laugh.The discussion during the hearing was about how minority opinion in a judgment comes to be accepted by the majority …

Justice (Rtd) Karnan Judgment: Did SC Miss the Main Issue?
7 years, 8 months ago

Justice (Rtd) Karnan Judgment: Did SC Miss the Main Issue?

Live Law  

The seven-judge bench of the Supreme Court, which was constituted to examine whether or not Justice CS Karnan was guilty of having committed contempt, has now released its detailed judgment in continuance of its earlier order dated May 9, 2017, whereby it had found Justice Karnan to be guilty of contempt of court. In the detailed unanimous judgment released, the …

Justice (Rtd) Karnan Judgment: Did SC Miss the Main Issue?
7 years, 8 months ago

Justice (Rtd) Karnan Judgment: Did SC Miss the Main Issue?

Live Law  

The seven-judge bench of the Supreme Court, which was constituted to examine whether or not Justice CS Karnan was guilty of having committed contempt, has now released its detailed judgment in continuance of its earlier order dated May 9, 2017, whereby it had found Justice Karnan to be guilty of contempt of court. In the detailed unanimous judgment released, the …

2nd Justice H.R. Khanna Memorial Essay Competition (June 2017)
7 years, 9 months ago

2nd Justice H.R. Khanna Memorial Essay Competition (June 2017)

Live Law  

Tracing the Historical Evolution of Tribunals in India Finance Act, 2017: A Step in the right direction? Enlargement of Jurisdiction of High Courts vis-à-vis Functioning of Tribunals An International Perspective of Tribunalization with focus on Indian Experience Appellate Mechanisms and Working of Special Leave Petition to Supreme Court in respect of Tribunals Round I : Submission of Summary/Working Draft of …

Senior Advocate, K.K.Venugopal Urges Revisiting Kesavananda Bharati, Makes Harish Salve Shudder At The Idea
8 years, 2 months ago

Senior Advocate, K.K.Venugopal Urges Revisiting Kesavananda Bharati, Makes Harish Salve Shudder At The Idea

Live Law  

The release of Chintan Chandrachud’s book, Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom, at the India International Centre, in New Delhi, on Saturday, saw a galaxy of speakers exchanging ideas on the concerns articulated by the book.Among all the speakers, it was senior advocate, K.K.Venugopal, who stirred up a controversy, by urging that the. The release …

Senior Advocate, K.K.Venugopal Urges Revisiting Kesavananda Bharati, Makes Harish Salve Shudder At The Idea
8 years, 2 months ago

Senior Advocate, K.K.Venugopal Urges Revisiting Kesavananda Bharati, Makes Harish Salve Shudder At The Idea

Live Law  

The release of Chintan Chandrachud’s book, Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom, at the India International Centre, in New Delhi, on Saturday, saw a galaxy of speakers exchanging ideas on the concerns articulated by the book.Among all the speakers, it was senior advocate, K.K.Venugopal, who stirred up a controversy, by urging that the. The release …

The review that wasn't: Forty years after Kesavananda Bharati vs the State of Kerala
9 years, 3 months ago

The review that wasn't: Forty years after Kesavananda Bharati vs the State of Kerala

Firstpost  

In this two-part series, Firstpost looks at a landmark episode in Indian constitutional history, the Kesavananda Bharati case and its subsequent review, the 40th anniversary of which occurred recently. On the other hand, the Supreme Court reasserted itself vis-à-vis Parliament and reinforced the power of judicial review, holding that Parliament did not have the right to overturn the “basic structure” …

Kesavanda Bharthi Judgment safeguards the idea of India.
10 years, 11 months ago

Kesavanda Bharthi Judgment safeguards the idea of India.

Live Law  

It was on this day; forty year ago Supreme Court decided the landmark judgement for ever, Kesavananda Bharati v. State of Kerala. The most significant contribution by Kesavananda Bharati judgment is the recognition of supremacy of the Constitution of India and its unalterable features.As Senior Lawyer Arvind P Datar notes : “The case of Kesavananda Bharati v State of Kerala …

Plea For Review Of Verdict On Judges Appointment Sent To CJI
13 years, 11 months ago

Plea For Review Of Verdict On Judges Appointment Sent To CJI

India TV News  

New Delhi, Apr 4: The union government today favoured a review of a 1993 verdict of the Supreme Court which gave primacy to the judiciary over the executive in appointment of judges in the apex court and the high courts. With Attorney General Goolam E Vahanvati supporting a petition by Suraz India Trust, an NGO, for the review of the …

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