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How “Kesavananda Bharati Case (1973)” shape or play a crucial role in shaping Indian democracy

  • Writer: Advocate Anil Lalla
    Advocate Anil Lalla
  • Mar 13
  • 2 min read

The Kesavananda Bharati Case (1973) played a crucial role in shaping Indian democracy by establishing the basic structure doctrine of the Constitution. This landmark ruling fundamentally altered the relationship between the Parliament and the Constitution, ensuring that certain core principles remain inviolable, regardless of legislative amendments.

Key Contributions to Indian Democracy

1. Limitation on Parliamentary Power:

The Supreme Court ruled that while Parliament has the authority to amend the Constitution under Article 368, it cannot alter or destroy its basic structure. This decision curtailed unlimited parliamentary sovereignty and introduced checks and balances essential for a democratic framework.

2. Protection of Fundamental Rights: By asserting that fundamental rights are integral to the Constitution's basic structure, the judgment reinforced the judiciary's role as a guardian of these rights. It ensured that amendments cannot infringe upon essential liberties, thus protecting citizens from potential governmental overreach.

3. Judicial Review: The case empowered the judiciary to review constitutional amendments, allowing it to strike down any changes that threaten the Constitution's core values. This principle has become a cornerstone of Indian constitutional law, emphasizing the importance of judicial oversight in maintaining democracy.

4. Historical Context and Precedent: The ruling emerged from a backdrop of political turmoil during which the government attempted to assert greater control over constitutional amendments. The court's decision reflected a commitment to uphold democratic principles against potential authoritarianism, setting a precedent for future cases concerning constitutional integrity.

5. Enduring Legacy: The basic structure doctrine continues to influence contemporary legal debates and decisions, serving as a reference point for evaluating new amendments and laws. It ensures that while the Constitution can evolve, its fundamental principles remain intact, safeguarding democracy for future generations.

In summary, the Kesavananda Bharati Case not only shaped constitutional law but also reinforced the foundational tenets of Indian democracy by balancing legislative power with judicial oversight, thereby protecting fundamental rights and ensuring accountability in governance.

Please feel free to share your views on the above.

(caution : These articles cannot and should not be considered as a replacement of a professional legal advice as there are many intricacies that may not have mentioned here).

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