KESAVANANDA BHARTI

    case summary on KESAVANANDA BHARTI

    Case initiated in 1973, when Indra Gandhi Government inserted 4 news amendments in constitution. amendment 24, 25, 26 and 29 respectively became the part of amendment.

    These amendment 24 inserted to reverse the judgment of Golaknath case, under 24th amendment a new clause added in article 13 of the constitution,

    Clause IV this overrule the supreme court judgment in Golaknath case, and the verdict given by court that parliament has no authority to amend the basic structure of constitution, the fundamental rights. but after this amendment this case loose it validity. Amendment 25- under this amendment the supreme court struck down the Re- cooper case, the facts of the case includes in 1967 after 2 years 14 new banks initiated into national banks, government liability to pay compensation to national banks, but as a compensation, government provides bonds that matures after 10 years.

    Indra Gandhi government insert amendment 25 in constitution and reverse the judgment of Re- cooper bank by providing bonds as compensation to national banks.

    AMENDMENT 26- REMOVAL OF PRIVY COUNCIL

    during the time of independence some states indulges in India and became the part of country and some other states indulge in

    Pakistan during the time of partition to became the part of their state. during independence The great leader Vallabh Bhai Patel promised all the state kings that if they join India during partition their royalty, power and kingdom safeguard by the country. but after the 26th amendment Indira Gandhi’s Government abolish privy council or princely state abolished by the government.(however this case is not related to amendment 26 ).

    AMENDMENT 29– the Bhumi Sudhar Adhiniyam added in schedule 9 by the government. so that they do not claim any objection regarding acquiring of land for the government use. Bhumi Sudhar Adhiniyam also includes the Kerala land reform

    ACT, 1963. Due to this amendment the land captured by spiritual guru was indirectly targeted by government.

    The kesavananda bharti case

    kesavananda bharti was a spiritual guru, head of Religious center, several lands acquired by spiritual guru all over the Kerala, after the 29th amendment, a notice to transfer the acquired land to government served by Kesavananda bharti.

    kesavananda bharti with other persons filed a Public Interest Litigation in supreme court under article 32 of the constitution that empowers supreme court to entertain the case. several fundamental rights violated by the government, including the religious rights and right to property as guaranteed under the constitution.

    Article 25 the right to profess the religion or religious teaching with to the people, article 26 the right to raise funds for spiritual institution or raise funds for charity

    19(f) every citizen in India, guarantees the right to sell or buy the property of their own choice.

    Therefore amendment 24,25 and 29 was challenged in supreme court of India.

    JUDGMENT

    Within 68 days total hearing of the case completed.

    The bench contains a total of 13 judges- out of this 7 judges agrees that the government uses its self ruling power that imposes some restriction on fundamental right.

    A total of 703 pages judgment given by the bench, lengthiest judgment of that times.

    The supreme court declared that amendment 24 fully valid.

    Parliament has the full authority to change anything but do not have the power to amend fundamental right.

    Amendment 25 partially valid, the compensation given by the government to national banks in terms of bond is valid.

    Land reform act as mentioned under amendment 29 was struck down by the bench.

    During national emergency due to political Conspiracy two times a 13 bench jury formulated by the Supreme Court, by chief justice Ajit Nath Ray, within two days the bench dissolved, as no review petition filed by the others and the courts directly cannot review any petition that dissolves the bench.The only advocate that raise the issue about no review petition filed in Supreme court was Nani Palkiwala,

    bibliography-

    https://en.wikipedia.org/wiki/Kesavananda_Bharati_v._State_of_Kerala

    https://indiankanoon.org/doc/257876/

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