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What is keshwanand bharti case?

The Kesavananda Bharati case (officially known as Minerva Mills Ltd. vs. Union of India) was a landmark judgment by the Supreme Court of India in 1973. It is considered one of the most significant rulings in the history of Indian constitutional law.

Background:

* In 1971, the Indian government amended the Constitution through the 24th Amendment. This amendment aimed to remove the judicial review power of the Supreme Court over the validity of constitutional amendments.

* This move triggered a major legal challenge, leading to the Kesavananda Bharati case. The petitioner, Swami Kesavananda Bharati, a Hindu monk, argued that the amendment was unconstitutional.

Key Issues and Rulings:

* Basic Structure Doctrine: The Supreme Court, in a 7-6 majority, established the "basic structure doctrine." This doctrine states that while Parliament has the power to amend the Constitution, it cannot alter its "basic structure" or essential features.

* Limits on Amendment Power: The Court defined certain features of the Constitution as fundamental and unamendable. These included:

* Sovereignty, democracy, secularism, and the rule of law

* Fundamental rights

* Separation of powers

* Validity of the 24th Amendment: The Court declared the 24th Amendment partly invalid. It held that the amendment's attempt to remove judicial review of constitutional amendments was unconstitutional.

* Judicial Review: The Court reaffirmed the role of judicial review as an essential safeguard of the Constitution.

Significance:

* Protection of Constitutional Values: The Kesavananda Bharati case cemented the Supreme Court's role as guardian of the Constitution and its core values.

* Limits on Parliament's Power: It established clear limits on the amendment power of Parliament, preventing arbitrary changes to the basic structure of the Constitution.

* Landmark Ruling: The case is considered a landmark ruling in Indian constitutional law, influencing subsequent judicial interpretations and the evolution of constitutionalism in India.

Impact:

* The basic structure doctrine has been applied in numerous subsequent cases, shaping the interpretation of the Constitution.

* It strengthened the role of the judiciary in safeguarding the Constitution and fundamental rights.

* The case remains a cornerstone of Indian constitutional law, ensuring that the basic structure of the Constitution remains protected from arbitrary changes.

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