If you are preparing for the UPSC exam, you are expected to know every detail about the current topics. This article has UPSC notes for Kesavananda Bharati Case UPSC. You must know that it has been 50 years since the Kesavananda Bharati Case UPSC and the related things that took place. The Kesavananda Bharati case is significant for your examination. So, let’s go through the detailed information about the Kesavananda Bharati Case 1973 and the impact of article 368.
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50 Years of Kesavananda Bharati Case UPSC
The Kesavananda Bharati case is one of the most landmark cases in Indian legal history. It is known for introducing the concept of the basic structure doctrine, which has become an essential feature of the Indian Constitution. This case is also essential for aspirants of the Union Public Service Commission (UPSC) exams as it is a crucial topic in the Indian Polity and Governance section.
Background of the Kesavananda Bharati Case UPSC
The case started in 1970 when the Kerala government passed a law that placed restrictions on the management of Hindu temples. Sri Kesavananda Bharati, the head of a Hindu monastery in Kerala, challenged this law in the Supreme Court. He argued that the law was a violation of his fundamental right to manage the temple.
The case was heard by a bench of 13 judges, the largest bench in the history of the Supreme Court. The hearing of the case took 68 days and ended on April 23, 1973.
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The Basic Structure Doctrine
The most significant aspect of the Kesavananda Bharati case was the introduction of the basic structure doctrine. The doctrine holds that the Constitution of India has certain basic features that cannot be altered by the Parliament through amendment. The basic structure includes the following:
# Supremacy of the Constitution
# Sovereignty, democratic form of government, and the republican character of the Indian polity
# Secularism
# Separation of powers between the executive, legislature, and judiciary
# Federalism
# Unity and integrity of India
# Protection of fundamental rights
The introduction of the basic structure doctrine limited the power of the Parliament to amend the Constitution. The doctrine also helped to ensure that the fundamental rights of citizens are protected and that the Constitution remains a dynamic and evolving document.
Significance of the Kesavananda Bharati Case
The Kesavananda Bharati case is considered one of the most significant cases in Indian legal history for several reasons. Firstly, it introduced the concept of the basic structure doctrine, which has become an essential feature of the Indian Constitution. Secondly, it established the supremacy of the Constitution and limited the power of the Parliament to amend it. Finally, it ensured that the fundamental rights of citizens are protected.
The Kesavananda Bharati case is an essential topic for aspirants of the UPSC exams. It helps them understand the evolution of the Indian Constitution and the significance of the basic structure doctrine. It also highlights the importance of the separation of powers between the executive, legislature, and judiciary, which is an essential feature of the Indian polity.
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Kesavananda Bharati Case 1973
The Kesavananda Bharati case of 1973 was a landmark case in Indian constitutional history that dealt with the power of the Parliament to amend the Constitution under Article 368. The case arose when the Kerala government passed a law restricting the management of Hindu temples, which was challenged by Sri Kesavananda Bharati, the head of a Hindu monastery, on the grounds that it violated his fundamental right to manage the temple.
The case was heard by a bench of 13 judges, and the hearing lasted for 68 days. The judgment was delivered on April 24, 1973, and it introduced the concept of the “basic structure” of the Constitution. The Supreme Court held that while the Parliament had the power to amend the Constitution, this power was not absolute and could not be used to alter the basic structure of the Constitution.
Article 368 of the Indian Constitution provides the procedure for amending the Constitution. It states that an amendment can be made by the Parliament with a two-thirds majority of both the houses, and it must be ratified by the legislatures of at least half of the states.
UPSC Notes
In the Kesavananda Bharati case, the Supreme Court held that the power of the Parliament to amend the Constitution was not unlimited. The court ruled that while the Parliament had the power to amend any provision of the Constitution, it could not alter the “basic structure” of the Constitution.
The court did not provide an exhaustive list of what constituted the “basic structure” of the Constitution, but it identified certain features such as the supremacy of the Constitution, the separation of powers, the federal character of the Constitution, and the protection of fundamental rights.
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Conclusion
Therefore, the judgment in the Kesavananda Bharati case has been widely regarded as a landmark in Indian constitutional law. It has ensured that the basic structure of the Constitution remains intact and has limited the power of the Parliament to make amendments to the Constitution. It has also played an important role in protecting the fundamental rights of Indian citizens. If you are preparing for the UPSC exam, visit the UPSC Pathshala website to learn and prepare perfectly with the best notes.
