Kesavananda Bharati: The Supreme Court has created a special online portal collecting all the written submissions and other information relating to the historic case to commemorate the golden anniversary of the Kesavananda Bharati decision, which is regarded as the foundation of Indian constitutional law. “Today marks the Kesavananda Bharati ruling’s 50th anniversary. The judgement, as well as all the petitions and documents in that case, are available on a special webpage that has been set up, according to Chief Justice of India DY Chandrachud on April 24.
The Kesavananda Bharati Case
The Supreme Court made a significant ruling on April 24, 1973, outlining the Indian Constitution’s basic structural concept. The court claimed its authority to invalidate constitutional modifications that violated the fundamental design of the Constitution in its decision in the Kesavananda Bharati v. State of Kerala case. The Kesavananda Bharati judgment’s basic structure theory was characterised as “the North Star that guided its interpreters and implementers alike when the path looked convoluted” by CJI Chandrachud. Chief Justice S M Sikri presided over the Supreme Court’s largest-ever Constitutional bench, which consisted of 13 judges and heard the case for 68 days. The bench decided that the “basic structure” of the Constitution is unquestionable and cannot be changed by Parliament with a 7-6 majority.
The fundamental framework or philosophy of our Constitution is based on the supremacy of the Constitution-CJI
Following Vice President Jagdeep Dhankhar’s criticism of the Supreme Court for allegedly setting a harmful precedent with its 1973 judgement, the Chief Justice of India made his comments. In a democratic country, Dhankhar had questioned whether the judiciary could restrain Parliament from amending the Constitution and enacting new laws. “The fundamental framework of our Constitution, like the North Star, directs and provides a sense of direction to the Constitution’s interpreters and implementers when the road ahead is rocky.” According to the CJI, the fundamental framework or philosophy of our Constitution is based on the supremacy of the Constitution, the rule of law, the separation of powers, judicial review, secularism, federalism, freedom, and the dignity of the individual as well as the unity and integrity of the country.