Kesavananda Bharati v. State of Kerala

Facts

A Kerala religious head challenged the Kerala land reform laws and, more broadly, the validity of the 24th, 25th and 29th Constitution Amendment Acts. The amendments sought to overcome Golak Nath by declaring that constitutional amendments are not 'law' under Art 13 and by immunising laws giving effect to Directive Principles. The petition raised the foundational question of the limits of Parliament's amending power.

Issues

• Whether Parliament's power to amend the Constitution under Art 368 is unlimited
• Whether fundamental rights can be amended
• Whether the 24th and 25th Amendment Acts are valid

Arguments

The petitioner argued the amending power is limited and cannot destroy fundamental features, especially fundamental rights. The State argued Art 368 confers unlimited constituent power to amend any provision, and that Golak Nath was wrongly decided.

Held

By a 7:6 majority the Court overruled Golak Nath and upheld the 24th Amendment, holding Parliament can amend any provision including fundamental rights. However, it held the amending power is not unlimited: the word 'amend' does not permit destroying the Constitution's basic structure or essential features such that it loses its identity. The second part of Art 31C was struck down as it ousted judicial review. Khanna J's opinion broke the tie and supplied the operative ratio.

Ratio decidendi

Parliament may amend any part of the Constitution under Art 368 but cannot so amend it as to damage or destroy its basic structure or essential features.

Significance

The most important constitutional decision in Indian history; it established the basic structure doctrine, a permanent implied limitation on amending power. It has been followed and extended in Indira Gandhi v. Raj Narain, Minerva Mills, Waman Rao, S.R. Bommai and I.R. Coelho, and remains good law.

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