Politics

Kesavananda Bharati Case 1973: Basic Structure Explained

On 24 April 1973 a 13-judge bench ruled 7-6 that Parliament can amend any part of the Constitution, but not its basic structure.

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5 OCT 1951

Amendments Are Not 'Law'

The Supreme Court upheld the First Amendment: Parliament could amend Fundamental Rights.

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30 OCT 1964

Upheld, With Doubts

The power was upheld again, but two judges asked whether it had any limit.

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27 FEB 1967

Rights Placed Out of Reach

Eleven judges held Parliament could not abridge Fundamental Rights by amendment.

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21 MAR 1970

A Seer Goes to Court

Kesavananda Bharati challenged Kerala's land-reform laws under Article 32.

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5 NOV 1971

The 24th Amendment

Parliament restated its power to amend any provision, Fundamental Rights included.

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1972

Article 31C and the 29th

Article 31C shielded social-policy laws. The 29th protected Kerala's land laws.

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OCT 1972

Thirteen Judges Sit

Six petitions, months of argument. Nani Palkhivala argued the power had limits.

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24 APR 1973

The 7-6 Verdict

Parliament can amend any part of the Constitution, but not its basic structure.

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THE 7-6 VOTE

Thirteen Judges, Two Answers

Who sat in the majority and who dissented.

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WHAT WAS DECIDED

The View by Majority

Each amendment, and its fate.

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APR 1973

Three Judges Superseded

A.N. Ray, from the minority, became Chief Justice over three majority judges.

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THE BASIC STRUCTURE

Features, Case by Case

No closed list: the courts built it.

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7 NOV 1975

First Use of the Doctrine

The court struck down a clause putting the PM's election beyond challenge.

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12 NOV 1975

Review Bench Dissolved

A 13-judge bench convened to reconsider Kesavananda was dissolved after two days.

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31 JUL 1980

Minerva Mills

Parliament cannot make its amending power unlimited. Limited power is itself basic.

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PARLIAMENT AND THE COURT

Five Rounds Over Article 368

Each ruling drew an amendment.

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13 NOV 1980

A Date Becomes a Rule

Ninth Schedule laws added after 24 April 1973 can be tested against the basic structure.

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THE NINTH SCHEDULE

One Date, Two Regimes

How 24 April 1973 became a cut-off.

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16 OCT 2015

NJAC Struck Down

The 99th Amendment fell for damaging the independence of the judiciary.

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THE DOCTRINE IN USE

Amendments Struck Down

1975, 1980 and 2015.

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6 SEP 2020

The Petitioner Dies

Kesavananda Bharati died at 79. He lost his land dispute but named a doctrine.

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NOV 2026

Where It Stands

Kesavananda has never been overruled. Every amendment still answers to it.

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