The case of Kesavananda Bharati v. State of Kerala, AIR SC () 4 SCC , is a case decided by a bench of 13 judges of the Supreme Court of. Kesavananda Bharathi is the case which saved Indian democracy; thanks to Shri Kesavananda Bharati, Kesavananda Bharati V. State of Kerala (). The object of this paper is to consider certain aspects of the judgment delivered by the Supreme Court in the case of. Kesavananda Bharati v. State of Kerala1.

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Kesavananda Bharathi is the case which saved Indian democracy; thanks to Shri Kesavananda Bharatieminent jurist Nanabhoy Palkhivala and the seven judges who were in the majority. Here the word “amendment” has a narrower meaning. The basic constituent remained constant, the circumstantial was subject to change.

In view of the great variation kesavanamda the phrases used all through the Constitution it follows that the word “amendment” must derive its colour from Article and the rest of the provisions of the Constitution.

Cooray, reads the obiter dicta in Bribery Commissioner v. Article is most important for our purpose.

Keshavananda Bharti vs. State of Kerala

Punjab [] 2 S. Part V Chapter I, deals with the Executive; Chapter II with Parliament-conduct or its business, qualification of its members, legislation procedure etc. To nullify the Golaknath verdict, Parliament enacted the 24th Amendment to the Constitution, laying down that its powers to amend the Constitution were unrestricted and unlimited.

Fourthly, in any case Article is a complete code in itself and does not provide for any amendment being made in the bill after it has been introduced in the House. The Chief Justice came to the conclusion that “as a matter of construction, there is no escape from the conclusion that Article provides for the amendment of the provisions contained in Part III without imposing on Parliament an obligation to adopt the procedure prescribed by the proviso. Thornton on “Legislative Drafting”-p. However, the Court affirmed another proposition also asserted in the Golaknath case, by ruling that the expression “amendment” of this Constitution in article means any addition or change in any of the provisions of the Constitution within the broad contours of the Preamble and the Constitution to carry out the objectives in the Preamble and the Directive Principles.


As observed by Lord Denning in Corocraft v. Similarly, under para 21 of the Sixth Schedule. The major findings of the court are as follows: Prem Nath Mallick [] 22 I.

Shiva Rao observes that “the object of putting the Preamble last, the President of the Assembly explained, was to see that it was in conformity with the Constitution as accepted. The members of the panel are paid remuneration Section Here, the comprehensive expression “repeal or amend” gives power to have a completely new Act different from an existing act of Parliament.

The Judicial Committee deduced from these provisions thus: This contention is not supported by the speeches If that cannot be done, then, as long as the words “Justice, social, economic and political etc. Both these cases were followed by another Constitution bench in U. What again is remarkable is that the fundamental rights are not included in the proviso at all. These speeches cannot be used as aids for interpreting the Constitution-see State of Travancore Cochin and Ors.

The Court partially cemented the prior precedent Golaknath v.


The next passage, a part of which I have already extracted, which deals with the difference between McCawley’s case and Ranasinghe’s [] A. Now I may briefly describe the scheme of the Constitution. The third provision Article 31 6 provided a protective umbrella to similar laws enacted not more than eighteen months before the commencement of the Constitution.

Kesavananda Bharati Vs. State of Kerala

In bharrati opinion Indian Constitution is not a mere political document rather it is a social document based on a social philosophy. Subject to the provisions of this Chapter, trade, commerce and intercourse throughout the territory of India shall be free Article Article 32 4 further provides that “the right guaranteed by this article shall not be suspended except as otherwise provided for by this Constitution.

If this is true-I say that the concession was rightly made-then which is that meaning of the word “Amendment” that is most appropriate and fits in with the while scheme of the Constitution. Pan American Airways 1 All E.

Ceylon’s Constitution “by L. Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people.

A Constitution providing for an indissoluble federal Commonwealth must protect both Commonwealth and States. The draft Preamble was considered by the Assembly on October 17,