kesavananda bharati case.pptx

The Kesavananda Bharati case, decided in 1973 by the Supreme Court of India, is a landmark judgment that established the doctrine of "basic structure" of the Constitution. The case was about the validity of the 24th Amendment to the Constitution, which sought to negate or limit the impact of earlier decisions, particularly those related to property rights.

1. KESAVANANDA BHARATI CASE Background, 24th Amendment, Challenge, Basic Structure Doctrine and Outcome @law_theking001

2. The Kesavananda Bharati case, decided in 1973 by the Supreme Court of India, is a landmark judgment that established the doctrine of "basic structure" of the Constitution. The case was about the validity of the 24th Amendment to the Constitution, which sought to negate or limit the impact of earlier decisions, particularly those related to property rights.

3. Facts of the case: Background: The case originated from a batch of petitions challenging various constitutional amendments, including the 24th Amendment. 24th Amendment The 24th Amendment was enacted by the government to nullify the Supreme Court's decisions in Golaknath case, which had emphasized strict limitations on the Parliament's power to amend fundamental rights. Challenge: . Kesavananda Bharati, a seer from Kerala, challenged the constitutional validity of the 24th Amendment and several other amendments on the grounds that they violated the basic structure of the Constitution.

4. Basic Structure Doctrine: The main issue before the court was whether Parliament had unlimited power to amend the Constitution or if there were inherent limitations. The court, through a series of decisions, introduced the "basic structure" doctrine, stating that while Parliament had the power to amend the Constitution, it could not alter or destroy its basic structure. Outcome: The Supreme Court, in a historic decision, upheld the validity of the 24th Amendment but also established the basic structure doctrine, asserting that certain features of the Constitution were beyond the amending power of Parliament.