Kesavananda Bharati V. State of Kerala () Shankari Prasad vs Union of India (AIR SC ) . Champakam Dorairajan vs State of Madras. Issue. JUDGMENT W.P.(C) OF Appellants: His Holiness Kesavananda Bharati Sripadagalvaru and Ors. Vs. Respondent: State of Kerala and Anr. Decided. The fundamental question dealt in Kesavananda Bharati v State of Kerala is whether the power to amend the constitution is an unlimited, or there is identifiable.

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Finally all the issues related to it was challenged in Keshavanand Case. He then sets out the Preamble. The case was heard by the largest ever Constitution Bench of 13 Judges.

Having dealt with the question of fundamental rights for minorities, the Minorities Sub-Committee met again on July 21,to consider the political safeguards for minorities and their presentation in the public services. Commonwealth of Australia A. In Sanjeevi Naidu v.

Kesavananda Bharati

Burah 3 App. When the Constituent Assembly has completed its labours, His Majesty’s Government will recommend to Parliament such action as may be necessary for the cession of sovereignty to the Indian people, subject only to two matters which are mentioned in the statement and which, we believe are not controversial, namely, adequate provision for the protection of the minorities paragraph 20 of the statement and willingness to conclude a treaty with His Majesty’s Government to kesavannda matters arising out of the transfer of power paragraph 22 of the statement P.

It is to read the statute as a whole and ask oneself the question: The answer seems plain enough: This case upheld the changes in 24th amendment in Article and Article 13 of Indian Constitution by overruling Golaknath Judgment. Accordingly I do not rely on them as aids to construction.


Kesavananda Bharati – Wikipedia

See Orient Paper Mills v. Special Sub-Committee minutes June 9, I have no doubt that the Judicial Committee held that the provisions of Section 29 2 in the Ceylon Constitution were unamendable. I am unable to infer this deduction from these articles.

Although the decision in Sankari Prasad’s [] S. This doctrine implies that though Parliament has the prerogative to amend the entire Constitution but subject to the condition that they cannot in any manner interfere with the features so fundamental to this Constitution that without them it would be spiritless.

Text Books at Sapna Online. Background In order to understand the famous case of Kesavananda Bharathi, one must trace sgate the basics, events and cases which led to the historic decision. Article does not contain a power to amend the constitution but only a procedure.

Kesavananda Bharati Vs. State of Kerala

If they cannot, it will be for consideration whether they can be modified. The only emendation that I would venture is that I would prefer not to say “making implications”, because our avowed task is simply the revealing or uncovering of implications that are already there. If that cannot be done, then, as long as the words “Justice, social, economic and political etc. State of Rajasthan The validity of the 17th Amendment Act, which changed the definition of an “estate” given in article 31A of the Constitution so as to include therein lands held under ryotwari settlement in addition to other lands in respect of which provisions are normally made in land reform enactments.


It expresses “what we had thought or dreamt for so long. There follow bc and dwhich set out further entrenched religious and racial matters, which shall not be the subject of legislation.

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. Seervai referred to the passage from the speech of Lord Normand, at p. Retrieved 12 January Hermes C. These two articles are not mentioned in the proviso to Article but Articles 54 and 55 are mentioned.

Kesavananda Bharati v. State of Kerala – Wikipedia

The Kerala Education Bill [] S. It is true that Mitter, J. Apart from it, the judgement cleared the deck for complete legislative authority to amend any part of the Constitution except when the amendments are not in consonance with the basic features of the Constitution. Every philosophy like religion contains features that are basic and circumstantial. It is possible, as suggested by my learned brother, that Article merely lays down the procedure to be followed for amending the Constitution and does not confer a power to amend the Constitution which, I think, has to be ascertained from the provision sought to be amended or other relevant provisions or the preamble.

Rau to make fundamental rights subject to the directive principles. Attorney-General for Canada A.