केशवानंद भारती बनाम केरल राज्य
| Citation | AIR 1973 SC 1461, (1973) 4 SCC 225 |
| Court | Supreme Court of India (13-Judge Bench) |
| Date | 24 April 1973 |
| Year | 1973 |
| Bench | S.M. Sikri CJI, J.M. Shelat, K.S. Hegde, A.N. Grover, A.N. Ray, P. Jaganmohan Reddy, D.G. Palekar, H.R. Khanna, K.K. Mathew, M.H. Beg, S.N. Dwivedi, A.K. Mukherjea, Y.V. Chandrachud JJ. |
| Acts/Articles | Article 368, Article 13, Article 14, 19, 21, 31 |
| Category | Constitutional Law |
Key Principle Established
Parliament has the power to amend the Constitution but cannot alter its basic structure. The basic structure doctrine is the most significant constitutional principle in India.
His Holiness Kesavananda Bharati, head of a religious mutt in Kerala, challenged the Kerala Land Reforms Act. The case expanded into a fundamental question: can Parliament, through constitutional amendments, alter or abrogate fundamental rights? Is there any limit to the amending power under Article 368?
By a 7:6 majority, the largest bench ever assembled by the Supreme Court held:
Kesavananda Bharati is India’s most important constitutional judgment. The basic structure doctrine has saved Indian democracy from potential authoritarian amendments multiple times — notably during the Emergency when the 42nd Amendment attempted to place constitutional amendments beyond judicial review (struck down in Minerva Mills). This doctrine has been adopted by courts in Bangladesh, Pakistan, and other nations.
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Read AnalysisThis judgment summary is for educational and research purposes. While care has been taken to accurately represent the ratio and findings, for authoritative reference always consult the original judgment text from official sources (SCC Online, AIR, Manupatra, or court websites).
22+ years of practice before Punjab & Haryana High Court and Supreme Court of India.