Essay on keshavananda bharathi case....
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Answer:
According to the Constitution, Parliament and the state legislatures in India have the power to make laws within their respective jurisdictions. This power is not absolute in nature. The Constitution vests in the judiciary, the power to adjudicate upon the constitutional validity of all laws. If a law made by Parliament or the state legislatures violates any provision of the Constitution, the Supreme Court has the power to declare such a law invalid or ultra vires. Whereas the founding fathers wanted the Constitution to be an adaptable document rather than a rigid framework for governance hence the provision of amendments were given in Article 368.
The Keshavananda Bharti case depicts the tussle between Articles 13(2) and 368.
Target PT
The Kesavananda Bharati case was the culmination of a serious conflict between the judiciary and the government. It is popularly known as fundamental rights case. Under this case Supreme Court of India outlined the Basic Structure doctrine of the Constitution and it can be regarded as a second sitting of 'Constituent Assembly'. 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 parameters regarding powers to amend the constitution.
Background
In order to understand the famous case of Kesavananda Bharathi, one must trace through the basics, events and cases which led to the historic decision.
The Bihar Land Reforms Act, 1950 which was in contravention of then fundamental Right to Property (Article 31). It was hit by 13(3) as it was infringing Article 31 (Part III, Fundamental Rights). The Act was challenged in High Court which held the act to be unconstitutional for being violative of Article 14 of the Constitution.
Thus in order to protect and validate zamindari abolition laws, the Government made First Amendment of the Constitution of India which made several changes to the Fundamental Rights provisions of the constitution. Article 31-A and 31 B was also added. Ninth Schedule was inserted which protects any legislation inserted within the schedule, from judicial review.
Hence the buildup to Kesavananda was marked by a series of cases and decisions that set the stage for the case itself. At the core of all these cases was the basic question: Was Parliament's power to amend the Constitution unlimited, since it represented the will of the people and its majority, or was that power circumscribed when it came to certain fundamental rights of the people?
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