HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALAVARU versus STATE OF KERALA

HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALAVARU versus STATE OF KERALA

Parliament has wide powers to amend the Constitution under Article 368, including fundamental rights, but cannot alter or destroy the basic structure or framework of the Constitution. The basic structure doctrine limits Parliament's amending power, and amendments violating it are void. The Twenty-fourth, Twenty-fifth, and Twenty-ninth Amendments are valid, except the second part of section 3 of the Twenty-fifth Amendment, which restricts judicial review, is invalid.

Parties
Petitioner: His Holiness Kesavananda Bharati Sripadagalavaru; Respondent: State of Kerala; Respondent: Another
Jurisdiction
India
Judgment Date
24 April 1973
Procedural Posture
Writ Petition / Constitution Bench Final Judgment
Outcome
Amendments largely upheld; Golaknath decision overruled; cases remitted for further disposal; no order as to costs
Legal Topics
Amendment of Constitution, Basic Structure Doctrine, Fundamental Rights, Judicial Review, Directive Principles of State Policy
Constitutional Law Amendment of Constitution Basic Structure Doctrine Fundamental Rights Judicial Review Directive Principles of State Policy

Case Brief

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Parties

His Holiness Kesavananda Bharati Sripadagalavaru

Petitioner

State of Kerala

Respondent

Another

Respondent

Procedural Posture

Writ Petition / Constitution Bench Final Judgment

Legal Issues

  1. 1 Whether Parliament can amend the Constitution to alter or destroy its basic structure
  2. 2 Validity of the Constitution Twenty-fourth, Twenty-fifth, and Twenty-ninth Amendments
  3. 3 Scope of Article 368 amending power

Ratio Decidendi

Parliament has wide powers to amend the Constitution under Article 368, including fundamental rights, but cannot alter or destroy the basic structure or framework of the Constitution. The basic structure doctrine limits Parliament's amending power, and amendments violating it are void. The Twenty-fourth, Twenty-fifth, and Twenty-ninth Amendments are valid, except the second part of section 3 of the Twenty-fifth Amendment, which restricts judicial review, is invalid.

Court Disposition

Amendments largely upheld; Golaknath decision overruled; cases remitted for further disposal; no order as to costs

Orders

  • Constitution (Twenty-fourth) Amendment Act, 1971 is valid
  • Section 2(a) and 2(b) of Constitution (Twenty-fifth) Amendment Act, 1971 are valid