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Kesavananda Bharati v. State of Kerala

Kesavananda Bharati v. State of Kerala

1970 decision of the Supreme Court of India

2 min read

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2026-01-28Peak: 5542026-02-26
30-day total: 13,467

Key Takeaways

  • His Holiness Kesavananda Bharati Sripadagalvaru & Ors.
  • (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement , was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution.
  • The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.
  • The Court partially cemented the prior precedent Golaknath v.
  • At the same time, the Court also upheld the constitutionality of the first provision of Article 31-C, which implied that laws seeking to implement the Directive Principles, which do not affect the 'Basic Structure,' shall not be subjected to judicial review.

His Holiness Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement, was a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian Constitution. The case is also known as the Fundamental Rights Case. The court in a 7-6 decision asserted its right to strike down amendments to the constitution that were in violation of the fundamental architecture of the constitution.

Justice Hans Raj Khanna argued that the Constitution possesses a basic structure of constitutional principles and values. The Court partially cemented the prior precedent Golaknath v. State of Punjab, which held that constitutional amendments through Article 368 were subject to fundamental rights review, but only if they could affect the 'basic structure of the Constitution'. At the same time, the Court also upheld the constitutionality of the first provision of Article 31-C, which implied that laws seeking to implement the Directive Principles, which do not affect the 'Basic Structure,' shall not be subjected to judicial review.

The doctrine forms the basis of power of the Indian judiciary to review and override amendments to the Constitution of India enacted by the Indian parliament.

The 13-judge Constitution bench of the Supreme Court deliberated on the limitations, if any, of the powers of the elected representatives of the people and the nature of fundamental rights of an individual. In a verdict divided 7–6, the court held that while the Parliament has 'wide' powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.

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