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Articles for Kesavananda Bharati

The Supreme Court verdict on private property rights and its implications | Explained
1 month, 2 weeks ago

The Supreme Court verdict on private property rights and its implications | Explained

The Hindu  

In an 8:1 majority ruling, a nine-judge Constitution Bench of the Supreme Court on November 5, 2024 held that not all private property can be deemed “material resource of the community” under Article 39 of the Constitution for acquisition and redistribution by the government. The majority opinion underscored that not all private property would fall within the ambit of Article …

India Justice Constitution Property Court Rights Fundamental Rights
Property is real, and so should the ‘compensation’
6 months, 3 weeks ago

Property is real, and so should the ‘compensation’

The Hindu  

An oft-quoted maxim in relation to property rights is that of President John Adams: “Property is surely a right of mankind as real as liberty”. The Supreme Court of India held that the word compensation in Article 31 postulated “a just equivalent of what the owner has been deprived of”. Mathew, who was one of the dissenting judges in Kesavananda …

Law Constitution Compensation Property Court Power Case
Should Legislature Specifically Delete Provisions Which Are Struck Down By Courts? Supreme Court Discusses
7 months, 4 weeks ago

Should Legislature Specifically Delete Provisions Which Are Struck Down By Courts? Supreme Court Discusses

Live Law  

A Supreme Court 9-Judge Constitution bench on Thursday, while hearing the issue of interpretation of Article 39, pondered whether the legislature needed to pass necessary amendments to delete a provision from the statute book after it has been struck down by the Court as unconstitutional.The matter is being heard by a bench of Chief Justice of India DY Chandrachud,. A …

Law Supreme Court Constitution Court Amendment Legislature Parliament
’Once we cease to be judges…’ CJI on Ranjan Gogoi’s statement in Rajya Sabha
1 year, 4 months ago

’Once we cease to be judges…’ CJI on Ranjan Gogoi’s statement in Rajya Sabha

Live Mint  

After former CJI Ranjan Gogoi's commented that the basic structure doctrine was debatable, Chief Justice of India DY Chandrachud has remarked saying that that once judges demit office whatever they say is just opinion and is not binding. Here's what Ranjan Gogoi said in Rajya Sabha: Earlier on Monday, Justice Ranjan Gogoi, now a nominated member of the Rajya Sabha, …

Structure Constitution Rajya Sabha Parliament Ranjan Gogoi Gogoi Cji
Kesavananda Bharati Judgment Played A Pivotal Role In Developing Socio-Economic Justice, Independence Of Judiciary : Justice BR Gavai
1 year, 5 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 …

Independence Structure Constitution Fundamental Rights Fundamental Parliament Gavai
Kesavananda Bharati case | SC creates webpage to host petitions, judgments of the historic 1973 Fundamental Rights case
1 year, 8 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 …

Justice Judgment Structure Constitution Parliament Basic Kesavananda Bharati
Kesavananda Bharati case: SC creates special web page on 50th anniversary
1 year, 8 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 …

India Constitution Court Power Judicial Review Case Parliament
Basic structure is India’s pride and world’s envy
1 year, 8 months ago

Basic structure is India’s pride and world’s envy

Hindustan Times  

Kesavananda Bharati vs State of Kerala — a landmark case that defined the concept of the basic structure doctrine of the Indian Constitution — completes 50 years on April 24, and this is an opportune moment to recognise its unique facets. By a 6-5 majority, India’s largest bench till then, said that fundamental rights were unamendable, overruling both Shankari Prasad …

India Kerala Structure Constitution Rights Fundamental Rights Power
Explained | The basic structure of the Constitution
1 year, 11 months ago

Explained | The basic structure of the Constitution

The Hindu  

The Chief Justice of India, D. Y. Chandrachud compared the ‘basic structure’ of the Constitution to the North Star, an unfailing guide which shows the way when the path appears convoluted. His observation marks the response of the Supreme Court to a recent statement made by Vice President Jagdeep Dhankar that the basic structure doctrine introduced by a 13-judge Bench …

India Justice Structure Constitution Court Constitutional Fundamental Rights
Basic Structure Doctrine North Star Guides Interpreters Of Constitution CJI D Y Chandrachud 1973 Kesavananda Bharati Case
1 year, 11 months ago

Basic Structure Doctrine North Star Guides Interpreters Of Constitution CJI D Y Chandrachud 1973 Kesavananda Bharati Case

ABP News  

Mumbai: Chief Justice of India D Y Chandrachud on Saturday called the basic structure doctrine a North Star that guides and gives certain direction to the interpreters and implementers of the Constitution when the path ahead is convoluted. The remarks by the CJI came against the backdrop of the recent remarks by Vice President Jagdeep Dhankhar who questioned the landmark …

Law India Constitution Parliament Chandrachud Cji Basic
Vice-President’s comments on judiciary part of game plan to orchestrate conflict, says Congress
1 year, 11 months ago

Vice-President’s comments on judiciary part of game plan to orchestrate conflict, says Congress

The Hindu  

Vice-President Jagdeep Dhankhar’s comments on the judiciary were part of a “game plan to orchestrate a confrontation,” the Congress alleged on Friday and quoted Mr. Dhankhar’s predecessor M. Venkaiah Naidu’s remarks in 2020 that “the Constitution is supreme”. Just a year ago, Mr. Dhankar’s predecessor Venkaiah Naidu garu had said exactly what Mr. Chidambaram has,” Congress general secretary Jairam Ramesh …

Judiciary Constitution Congress Supreme Ramesh Naidu Chidambaram
Under Constitution, law declared by the Supreme Court is binding on all
1 year, 11 months ago

Under Constitution, law declared by the Supreme Court is binding on all

The Hindu  

Vice-President of India Jagdeep Dhankhar’s public criticism of the National Judicial Appointments Commission judgment may be seen as comments by a high constitutional authority against “the law of the land”. Kaul and A.S. Oka has told the Attorney General to advise the government and constitutional authorities that “it is necessary that all follow the law as laid down by this …

Law Judgment Constitution Court Constitutional Judicial Review Supreme
Extraordinary Attack On Judiciary: Cong On Dhankar Questioning 1973 Kesavananda Bharati Verdict
1 year, 11 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 …

Supreme Court Constitution Rajya Sabha Supreme Act Parliament Chidambaram
Nani Palkhivala-The Gentle Colossus
2 years ago

Nani Palkhivala-The Gentle Colossus

Live Law  

December 11 marks the 20th anniversary of the passing of the one and only Nani Palkhivala. Soli Sorabjee said that Palkhivala's class was one that they always looked forward to and wished would go on beyond the allotted time. And in Minerva Mills case where the doctrine was reiterated and applied, Nani, in response to Justice Untwalia's denunciation of socialism, …

Law India Constitutional Law English Life Constitution Tax
India@75: Six judgements that safeguarded individual liberty and strengthened India's democracy
2 years, 4 months ago

India@75: Six judgements that safeguarded individual liberty and strengthened India's democracy

Firstpost  

On 4 August 1958, Dr Rajendra Prasad, the first President of India while inaugurating the new building of the Supreme Court, vividly explained what the new building of the Supreme Court symbolises. However, in these seven decades, the Supreme Court of India successfully held the balance of the scales of justice intact without “tilting” to any side. Barring a few …

Law India Justice Supreme Court Judgment Constitution Court
India at 75: Epochal moments from the 1970s
2 years, 4 months ago

India at 75: Epochal moments from the 1970s

The Hindu  

Published : Aug 14, 2022 06:00 IST 1973: Kesavananda Bharati case 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 …

India China Kerala Students Constitution Court Public Interest
1973: Kesavananda Bharati case
2 years, 4 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 …

India Kerala Constitution Kesavananda Bharati Kesavananda Judgment
Basic Structure Doctrine Is Legitimate & Sound: Kenyan Court Of Appeals Extensively Quotes Kesavananda Bharati Judgment
3 years, 4 months ago

Basic Structure Doctrine Is Legitimate & Sound: Kenyan Court Of Appeals Extensively Quotes Kesavananda Bharati Judgment

Live Law  

One of the hotly contested issue before the Kenyan Court of Appeals in BBI judgment was whether the Basic Structure Doctrine expounded in Kesavananda Bharati by the Indian Supreme Court is applicable in Kenya or not. The majority judges of the seven judge bench held that this doctrine is applicable in Kenya and that the basic structure of the Constitution …

India Judgment Structure Constitution Judges Court Indian
The Kesavananada Anniversary:Basic Structure Doctrine
3 years, 8 months ago

The Kesavananada Anniversary:Basic Structure Doctrine

Live Law  

April 24 marks the anniversary of the Kesavananda Bharati judgment enunciating the doctrine of basic structure. It is against the backdrop of the foregoing that the issue of the basic structure of the Constitution arose and the Court dexterously evolved the basic structure doctrine which while holding that amendment to any part of the Constitution including Part III was permissible, …

Law Pakistan Structure Constitution Court Constitutional Fundamental Rights
Kesavananda Bharati — the petitioner who saved democracy, but lost his case in Supreme Court
4 years, 3 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 …

Kerala Supreme Court Judgment Constitution Court Case Parliament
Kesavananda Bharati Swamiji of Edneer Mutt passes away at 80
4 years, 3 months ago

Kesavananda Bharati Swamiji of Edneer Mutt passes away at 80

The Hindu  

Kesavananda Bharati Swamiji, who passed away on Sunday, was the sole unwitting petitioner in the historic Fundamental Rights case, which prevented the nation from slipping into a totalitarian regime. The seer, known as Srimad Jagadguru Sri Sri Sankaracharya Thotakacharya Kesavananda Bharati Sripadaganlavaru, headed the mutt since 1961. “His patronage removed the inhibition with the ‘Yakshagana’ artists and brought them to …

Swamiji Yakshagana Mutt Kesavananda Bharati
Kesavananda Bharati, Kerala Seer who stood for protecting Constitution, dies
4 years, 3 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, …

Kerala Constitution Kesavananda Bharati Bharati Rights Case Kerala Seer