Kesavananda Bharati v. State of Kerala

Quick Summary

The Supreme Court gave a historic answer: Parliament may amend the Constitution, but it cannot damage its basic structure. The 24th Amendment was upheld. Part of the 25th survived with limits; its second part was struck down.

This ruling balances social change with constitutional continuity. It keeps Parliament powerful, but not all-powerful.

Issues

• Is the 24th Constitutional Amendment Act, 1971 valid?
• Is the 25th Constitutional Amendment Act, 1972 valid?
• How far can Parliament go in amending the Constitution under Article 368?

Rules

• Amending Power: Very wide, but not to the extent of changing the Constitution’s basic structure.
• Basic Structure Doctrine: Core features—like supremacy of the Constitution, separation of powers, and judicial review—cannot be destroyed.

Arguments

Judgment

Held (7:6): Parliament can amend any part of the Constitution, but cannot destroy its basic structure. The 24th Amendment was upheld. The 25th Amendment’s first part was upheld subject to limits; its second part was invalid. The decision partly overruled Golaknath and settled the scope of Article 368.

Ratio Decidendi

• “Amend” in Article 368 does not include power to destroy the Constitution’s identity.
• The Court may review amendments against the basic structure yardstick.
• Fundamental Rights may be amended, but not so as to damage basic structure.

Why It Matters

This case is the backbone of Indian constitutional law. It preserves democratic checks—ensuring Parliament’s will respects core constitutional values.

Key Takeaways

• Basic structure = limit on Article 368.
• 24th upheld; 25th partly valid.
• Judicial review applies to amendments.
• Rights can be tuned, not terminated.

Mnemonic + 3-Step Hook

Mnemonic: “POWER WITH ANCHORS”

1. POWER: Parliament may amend widely.
2. ANCHORS: Basic structure cannot be cut loose.
3. REVIEW: Courts check if anchors hold.

IRAC Outline

Issue: Validity of the 24th & 25th Amendments and the scope of Article 368.

Rule: Amendments cannot violate the Constitution’s basic structure.

Application: 24th valid; 25th limited—compensation must be reasonable; exclusion of courts curtailed.

Conclusion: Parliament’s power is broad but bounded by basic structure.

Glossary

Basic Structure

Core features that give the Constitution its identity; cannot be destroyed by amendment.

Article 368

Provision that sets out Parliament’s power and procedure to amend the Constitution.

Reasonable Amount

Under the 25th, compensation need not equal market value, but must be fair and related to it.

FAQs

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