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 from Supreme court. Restriction on her power by court ruling in Kesavananda Bharti case miffed Indira Gandhi to the core as she was unaccustomed to constitutional controls. 42nd amendment act abrogated the ruling of biggest bench of Supreme court in Kesavananda Bharti case and gave absolute power to parliament to amend any part of constitution. Had it not been for the Supreme Court ruling in Kesavananda Bharti case, categorically stating that Basic structure of constitution could not be touched, we cannot imagine to what level of triviality Indira Gandhi would have reduced the Constitutional Institution and its principles.

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History of this topic

Govt vs Court – the problem is structural
1 year, 3 months ago

Govt vs Court – the problem is structural

Hindustan Times  

A Bench of the Supreme Court consisting of justices Sanjay Kishan Kaul and Sudhanshu Dhulia has criticised the Centre’s “selective approach” in appointing and transferring judges of the higher judiciary. In the United Kingdom, it is a Judicial Appointment Commission that chooses judges for higher courts; neither the judiciary nor the executive has predominance. India does not have a “clearly …

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 …

Supreme Court to hear Bombay lawyers body plea for action against VP, Rijiju over remarks on judiciary
1 year, 10 months ago

Supreme Court to hear Bombay lawyers body plea for action against VP, Rijiju over remarks on judiciary

The Hindu  

The Supreme Court is scheduled to hear on Monday a plea of the Bombay Lawyers Association against Union Law Minister Kiren Rijiju and Vice President Jagdeep Dhankhar over their remarks on the judiciary and the collegium system for appointment of judges. In an appeal, the lawyers body said the "frontal attack not just on the judiciary but the Constitution'' by …

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 …

Former CJI UU Lalit To Deliver Lecture On Evolution Of Independence Of Judiciary As Basic Feature Of Constitution
2 years ago

Former CJI UU Lalit To Deliver Lecture On Evolution Of Independence Of Judiciary As Basic Feature Of Constitution

Live Law  

Former Chief Justice of India UU Lalit will deliver a lecture on the topic "Evolution of independence of judiciary as a basic feature of the Constitution" at the Kerala High Court auditorium on March 24 at 4.40 PM.The lecture session is conducted in connection with the golden jubilee of the judgment Kesavananda Bharti vs State of Kerala. Former Chief Justice …

Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous
2 years, 2 months ago

Supreme Court Collegium’s Landmark Reiterations Show It Is No Longer Pusillanimous

Live Law  

On Thursday, the Supreme Court’s three-member Collegium - comprising the Chief Justice of India, D.Y.Chandrachud and Justices Sanjay Kishan Kaul and K.M.Joseph - responsible for recommending suitable names for elevation as the High Court Judges, reiterated certain names recommended by it earlier, for elevation to various High Courts. The reiteration of recommendation to elevate senior advocate Saurabh Kirpal as a …

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 …

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea
3 years, 7 months ago

Supreme Court reiterates limits of legislative privileges while disallowing Kerala’s plea

The Hindu  

The Left Democratic Front government in Kerala faced an embarrassing setback on July 28 when the Supreme Court ruled against its appeal to withdraw the criminal prosecution case against six former LDF legislators accused of destruction of property and vandalism in the State Assembly on March 13, 2015. The Supreme Court also disallowed the government’s appeal and reaffirmed that legislators …

Kerala High Court Stays Single Bench Judgment On Treating Professors Of Different Subjects As One Unit For Reservations
3 years, 9 months ago

Kerala High Court Stays Single Bench Judgment On Treating Professors Of Different Subjects As One Unit For Reservations

Live Law  

The Kerala High Court on Friday stayed a single bench judgment which had quashed a recruitment notification issued by the Kerala University on the ground that it treated professors of different departments as one unit to apply reservation for communities.A division bench comprising Justices A Muhamed Mustaque and Dr Kauser Edappagath stayed the operation of the judgment delivered by a. …

"Access To Justice Is Now Technology-Dependent, Regime Of Virtual Hearing Brought A New Form Of Inequality": Chief JusticeI Bobde
4 years, 3 months ago

"Access To Justice Is Now Technology-Dependent, Regime Of Virtual Hearing Brought A New Form Of Inequality": Chief JusticeI Bobde

Live Law  

"Amidst the pandemic, the court dealt with different situations of migrant workers, of dead bodies not receiving burial on account of the fear of infection, inadequate hospital beds, cost of treatment etc. "I would also like to commend the lawyers, litigants, judges, court staff who have extended cooperation in making virtual courts possible. The Supreme Court has disposed off 14,859 …

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, Kerala Seer who stood for protecting Constitution, dies
4 years, 6 months ago

Kesavananda Bharati, Kerala Seer who stood for protecting Constitution, dies

India TV News  

Kesavananda Bharati Sripadagalvaru, the Kerala seer who stood for protecting the Constitution, has passed away. Bharati, whose property rights case in the Supreme Court in 1973 helped define basic rights under the Constitution, breathed his last at his ashram in Edaneer in Kasargod district of north Kerala this morning. He had filed a case challenging the Constitution (29th Amendment Act, …

Kesavananda Bharati Judgment: An Exporter of Constitutional Ideas
4 years, 10 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 …

Kesavananda Bharati -II : The Case We Do Not Know, But Ought To Know
4 years, 10 months ago

Kesavananda Bharati -II : The Case We Do Not Know, But Ought To Know

Live Law  

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 …

[Sabarimala] Courts Should Tread Cautiously While Dealing With Religious Issues: Read The Issues Referred To Larger Bench [Read Judgment]
5 years, 4 months ago

[Sabarimala] Courts Should Tread Cautiously While Dealing With Religious Issues: Read The Issues Referred To Larger Bench [Read Judgment]

Live Law  

While referring the Sabarimala case to larger bench, the majority judges observed that the matters involving the interpretation of the provisions of the Constitution touching upon the right to profess, practise and propagate its own religion,should be heard by a larger bench, for an authoritative pronouncement in these matters. The order further said: The decision of the Seven Judges bench …

India holds its breath with SC set to announce Ayodhya verdict today
5 years, 4 months ago

India holds its breath with SC set to announce Ayodhya verdict today

Live Mint  

New Delhi: The verdict in the Ram Janmabhoomi-Babri Masjid land title case will be delivered on Saturday morning by Supreme Court Chief Justice Ranjan Gogoi, bringing to a close one of modern India’s longest-running Hindu-Muslim disputes. The Supreme Court website uploaded a notice late Friday evening saying the judgment will be delivered at 10.30 am in the Chief Justice’s court …

Ayodhya case: Supreme Court to pronounce verdict on November 9
5 years, 4 months ago

Ayodhya case: Supreme Court to pronounce verdict on November 9

The Hindu  

A Constitution Bench led by Chief Justice of India Ranjan Gogoi will on November 9 deliver its judgment in the cross-appeals filed by the Hindu and Muslim sides challenging the three-way partition of the disputed 2.77 acres of Ramjanmabhoomi-Babri Masjid land among Ram Lalla, Nirmohi Akhara and the Sunni Waqf Board in September 2010. Khan, one of the three judges …

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 …

Supreme Court concludes hearing in Ram Janmabhoomi case
5 years, 5 months ago

Supreme Court concludes hearing in Ram Janmabhoomi case

Op India  

The Supreme Court on Wednesday reserved its judgement in the Ram Janmabhoomi-Babri Masjid title dispute case after hearing arguments from all the concerned parties. Senior advocate Rajeev Dhavan, representing the Muslim parties in the Ram Janmabhoomi – Babri Masjid land dispute case, suffered a meltdown and tore up a pictorial map showing the exact birthplace of Lord Ram during the …

Breaking : After 40 Days Of Hearing, SC Reserves Judgment On Ayodhya-Babri Masjid Dispute
5 years, 5 months ago

Breaking : After 40 Days Of Hearing, SC Reserves Judgment On Ayodhya-Babri Masjid Dispute

Live Law  

The five judges bench of the Supreme Court on Wednesday reserved judgment on the Ayodhya-Babri Masjid land dispute after a marathon hearing of forty days. The Court has given liberty to the parties to submit written submissions in three days on the moulding of final relief.This is the second longest hearing in the history of Supreme Court after the landmark …

Ayodhya verdict reserved by Supreme Court after marathon hearings: 10 points
5 years, 5 months ago

Ayodhya verdict reserved by Supreme Court after marathon hearings: 10 points

Hindustan Times  

A five-judge bench of the Supreme Court led by Chief Justice Ranjan Gogoi on Wednesday ended the marathon hearing of the decades-old Ramjanmabhumi-Babri Masjid title dispute case. Before wrapping up the case, the bench gave the contesting parties three days to file written notes on ‘moulding of relief’ or narrowing down the issues on which the court is required to …

Supreme Court reserves verdict in Ayodhya case
5 years, 5 months ago

Supreme Court reserves verdict in Ayodhya case

India TV News  

The arguments in one of the most talked-about cases in Indian history has come to an end today. Reserving the verdict, Supreme Court has granted three days to contesting parties to file written note on the moulding of relief in the Ayodhya land dispute case. Earlier, Muslim Waqf Board counsel Rajeev Dhavan argued that the Babri mosque belonged to Muslims …

Ayodhya case set to be second-longest hearing, SC sets new deadline
5 years, 5 months ago

Ayodhya case set to be second-longest hearing, SC sets new deadline

India Today  

The Supreme Court Friday said it would wrap up the hearing in the politically sensitive Ram Janambhoomi-Babri Masjid land dispute at Ayodhya by October 17. A 5-judge Constitution bench headed by Chief Justice Ranjan Gogoi, on the conclusion of 37th day of the hearing, fixed the schedule for the final leg of the lengthy arguments. The bench said the Muslim …

Ram Temple-Babri Mosque title dispute: Five-judge SC bench to begin hearing of Ayodhya case from 10 January
6 years, 2 months ago

Ram Temple-Babri Mosque title dispute: Five-judge SC bench to begin hearing of Ayodhya case from 10 January

Firstpost  

On 29 October, the Supreme Court had fixed the Ayodhya matter in the first week of January before an “appropriate bench”, which will decide the schedule of hearing. The Supreme Court is scheduled to take up petitions for hearing in the Ram Janmabhoomi-Babri Masjid title dispute case from Thursday at 10.30 am, ANI reported. https://t.co/MeIQq64EpJ — ANI January 8, 2019 …

Breaking: Constitution Bench Of CJI And 4 Probable Future CJIs To Hear Ayodhya Matter On 10th Jan
6 years, 2 months ago

Breaking: Constitution Bench Of CJI And 4 Probable Future CJIs To Hear Ayodhya Matter On 10th Jan

Live Law  

Chief Justice of India Ranjan Gogoi has constituted a Five Judge Constitution Bench to hear the Ayodhya Land Dispute Case. THe matter is scheduled for hearing on January 10The Supreme Court bench of Chief Justice Ranjan Gogoi. THe matter is scheduled for hearing on January 10 The Supreme Court bench of Chief Justice Ranjan Gogoi and Justice S. K. Kaul …

Five-judge SC bench reserves verdict on petitions challenging constitutional validity of Aadhaar
6 years, 10 months ago

Five-judge SC bench reserves verdict on petitions challenging constitutional validity of Aadhaar

Firstpost  

A five-judge constitution bench of the Supreme Court headed by Chief Justice of India Dipak Misra reserved its judgement on the Aadhaar matter. New Delhi: The Supreme Court on Thursday reserved its verdict on a batch of petitions challenging the constitutional validity of Aadhaar and its enabling 2016 law. A five-judge constitution bench headed by Chief Justice Dipak Misra directed …

Should The ‘Judges Cases’ Be Revisited?
6 years, 11 months ago

Should The ‘Judges Cases’ Be Revisited?

The Quint  

The word ‘consultation’ is a neutral term that the framers of the Constitution believed would enable the judiciary and executive to form a consensus on the merits of each appointment. The process of appointment was uncontroversial until three Judges who had pronounced judgments in the Kesavananda Bharati case, which were not looked upon favourably by the government of the day, …

Aadhaar: Supreme Court forms full nine-judge Constitution Bench
7 years, 8 months ago

Aadhaar: Supreme Court forms full nine-judge Constitution Bench

The Hindu  

A nine-judge Bench of the Supreme Court will on July 19, 2017 hear the question whether privacy in the world’s largest democracy is a fundamental human right and is a part of the basic structure of the Constitution. The formation of the nine-judge Bench “It is essential for us to determine whether there is a fundamental right to privacy in …

Six Judge Bench To Consider Curative Petition In Saumya Rape And Murder Case
7 years, 10 months ago

Six Judge Bench To Consider Curative Petition In Saumya Rape And Murder Case

Live Law  

The Supreme Court of India will consider a curative petition filed by Government of Kerala in Saumya Murder Case.The Bench of Chief Justice JS Khehar, Justices Dipak Misra, J Chelmeswar, Ranjan Gogoi, Prafulla C Pant and UU Lalit will consider the petition on 27th April.In September 2015, Supreme Court had acquitted Govindachami alias. Partly allowing the Appeal preferred by the …

Single Bench Can’t Decide Some Question Of Law And Refer Rest To Division Bench: Kerala HC [Read Judgment]
8 years, 2 months ago

Single Bench Can’t Decide Some Question Of Law And Refer Rest To Division Bench: Kerala HC [Read Judgment]

Live Law  

It can only refer the entire case to division bench, the court said.The High Court of Kerala has held that a single judge, while referring a case to division bench, could only refer the entire case and he is not empowered to refer only some questions of law involved in that case and retain the rest.A bench comprising Justice CT …

Supreme Court Weekly Round-Up
8 years, 5 months ago

Supreme Court Weekly Round-Up

Live Law  

Ex-Policeman Accused Of Killing Wife The Supreme Court acquitted an ex-police constable, who was convicted by the trial court and high court under Section 302 of the Indian Penal Code and resultantly sentenced to suffer imprisonment for life and also to pay fine of ₹10,000 for killing his wife.SC Refuses To Review Death Penalty Of Ex-Cop Umesh In Rape-Murder CaseThe …

Madras, Kerala HCs Get New Judges [Read Notifications]
8 years, 5 months ago

Madras, Kerala HCs Get New Judges [Read Notifications]

Live Law  

President Pranab Mukherjee on Thursday appointed 15 judges to Madras High Court and five additional judges to Kerala High Court. A notification to that effect has been published by the Law Minister.The newly-appointed additional judges of Kerala High Court are Sathish Ninan, Devan Ramachandran, Somarajan P., Shircy V. and Aettupanku Mohammedkhan Babu.The newly-appointed judges of Madras. The newly-appointed additional judges …

Kerala HC Judgment In Balasubramanian. K.S Vs. Biju Kochupaul And Another, Sets A Bad Precedent
8 years, 6 months ago

Kerala HC Judgment In Balasubramanian. K.S Vs. Biju Kochupaul And Another, Sets A Bad Precedent

Live Law  

A private complaint was filed before the Enquiry Commissioner and Special Judge, Thrissur by one Biju Kochupaul against one Muhammed Nissam and 14 others including K. S. Balasubramanian alleging that the SPC and certain police officers had extended undue favours to Muhammed Nissam, a millionaire who. A private complaint was filed before the Enquiry Commissioner and Special Judge, Thrissur by …

Supreme Court Weekly Round-Up
8 years, 11 months ago

Supreme Court Weekly Round-Up

Live Law  

Refuses to quash cheque bounce case against Director of a companyThe Supreme Court has reiterated that a Director cannot get a Section 138 Negotiable Instruments Act complaint against him quashed under Section 482 of Code of Criminal Procedure, merely on the ground that apart from the basic averment no particulars are given in the complaint about his role. Refuses to …

Constitution Bench Judgments of Supreme Court of India in 2015
9 years, 2 months ago

Constitution Bench Judgments of Supreme Court of India in 2015

Live Law  

A bench of at least five judges of the Supreme Court which sit to decide any case “involving a substantial question of law as to the interpretation of the Constitution of India” is popularly known as ‘Constitution bench’. Largest ever Constitution bench comprising of 13 judges of the Apex Court had heard the famous Keshavananda Bharati case. In short, The …

Constitution Bench Judgments of Supreme Court of India in 2015
9 years, 2 months ago

Constitution Bench Judgments of Supreme Court of India in 2015

Live Law  

A bench of at least five judges of the Supreme Court which sit to decide any case “involving a substantial question of law as to the interpretation of the Constitution of India” is popularly known as ‘Constitution bench’. Largest ever Constitution bench comprising of 13 judges of the Apex Court had heard the famous Keshavananda Bharati case. In short, The …

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 …

Remembering Keshavananda Bharathi Case in its 41st Birth day; Justice K.T.Thomas
10 years, 11 months ago

Remembering Keshavananda Bharathi Case in its 41st Birth day; Justice K.T.Thomas

Live Law  

Every Student of Law in India should be told even during the beginning of his legal education about two decisions which, according to me, veritably saved the Indian Constitution. When those strong and fearless judges stepped down from the Supreme Court, Indira Gandhi immediately moved the Supreme Court challenging the verdict of the majority by filing a petition to review …

Revisiting a verdict
13 years, 1 month 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 …

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