Kesavananda Bharati Case (1973): The Birth of the Basic Structure Doctrine
Introduction
The Kesavananda Bharati v. State of Kerala (1973) judgment is regarded as the most important constitutional case in Indian history. It decisively settled the conflict between Parliament’s power to amend the Constitution and the Supreme Court’s role as guardian of constitutional values. By propounding the Basic Structure Doctrine, the Supreme Court ensured that while the Constitution may evolve, its core principles remain inviolable.
For UPSC aspirants, this case is a foundational pillar of Indian Polity, frequently cited in Prelims, GS-II Mains answers, and Essay papers.
Background of the Case
Swami Kesavananda Bharati was the head of the Edneer Mutt, a religious institution in Kerala. The Kerala government attempted to acquire the mutt’s land under its land reform laws. Challenging this, Kesavananda Bharati approached the Supreme Court under Article 32, alleging violation of Fundamental Rights, particularly Article 25 (Freedom of Religion) and Article 31 (Right to Property).
However, the case soon transcended the land dispute and raised a far larger constitutional question:
Does Parliament have unlimited power to amend the Constitution under Article 368?
Constitutional Provisions Involved
- Article 13 – Laws inconsistent with Fundamental Rights
- Article 25 – Freedom of religion
- Article 31 – Right to Property (as it existed then)
- Article 368 – Power of Parliament to amend the Constitution
Core Issue Before the Supreme Court
The central issue was:
Can Parliament amend any part of the Constitution, including Fundamental Rights, without any limitation?
This question arose due to earlier conflicting judgments:
- Shankari Prasad Case (1951) – Parliament can amend Fundamental Rights
- Golaknath Case (1967) – Parliament cannot amend Fundamental Rights
Supreme Court Verdict (1973)
A historic 13-judge Constitution Bench delivered the judgment with a 7:6 majority.
Key Rulings
- Parliament can amend any part of the Constitution, including Fundamental Rights
- BUT it cannot alter or destroy the “Basic Structure” of the Constitution
- Article 368 does not grant unlimited amending power
This principle came to be known as the Basic Structure Doctrine.
What Is the Basic Structure Doctrine?
The Supreme Court did not provide an exhaustive list but identified certain core constitutional principles that cannot be amended.
Elements of the Basic Structure (Illustrative)
- Supremacy of the Constitution
- Rule of Law
- Separation of Powers
- Judicial Review
- Federalism
- Secularism
- Sovereign, Democratic Republic
- Free and fair elections
Significance of the Judgment
1. Constitutional Supremacy
The Constitution is supreme, not Parliament.
2. Judicial Review Strengthened
Courts can review constitutional amendments.
3. Balance Between Rigidity and Flexibility
Allows constitutional evolution without destroying its soul.
4. Protection Against Authoritarianism
Played a crucial role during the Emergency (1975–77).
Impact on Later Judgments
The Basic Structure Doctrine was reaffirmed in:
- Indira Gandhi v. Raj Narain (1975)
- Minerva Mills Case (1980)
- S.R. Bommai Case (1994)
This shows its enduring relevance.
Criticism of the Judgment
- Critics argue the doctrine is judicial overreach
- Parliament’s sovereignty is curtailed
- “Basic Structure” is not clearly defined
Despite criticism, the doctrine is widely regarded as a constitutional safeguard.
UPSC Prelims & Mains Relevance
Prelims
- Year: 1973
- Largest Constitution Bench (13 judges)
- Doctrine: Basic Structure
Mains (GS-II)
- Role of the judiciary in protecting the Constitution
- Parliament vs Supreme Court
- Constitutional amendments & limitations
Essay
- Constitutionalism in India
- Democracy & rule of law
Previous Year Question (PYQ)
UPSC Mains 2019:
“The judiciary in India has played an important role in preventing the executive from usurping the powers of Parliament and upholding the Constitution.” Discuss.
👉 Kesavananda Bharati Case is a core example.
Conclusion
The Kesavananda Bharati judgment stands as a constitutional milestone that preserved the balance between democratic governance and constitutional supremacy. By propounding the Basic Structure Doctrine, the Supreme Court ensured that while Parliament retains the power to amend the Constitution, it cannot alter its foundational values. This judgment transformed the Indian Constitution from a purely legal document into a living framework guided by core principles such as rule of law, judicial review, and federalism. For UPSC aspirants, the case is not just a legal precedent but a powerful illustration of constitutionalism in action. Understanding its philosophy, implications, and application is essential for writing high-quality answers in Polity, Governance, and Ethics papers.
FAQs
Q1. Why is Kesavananda Bharati case important for UPSC?
It introduced the Basic Structure Doctrine.
Q2. Can Parliament amend Fundamental Rights after this case?
Yes, but without violating the Basic Structure.
Q3. Which Article gives amending power to Parliament?
Article 368.
Q4. Is Basic Structure defined in the Constitution?
No, it is a judicial doctrine.
