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Kesavananda Bharati v. State of Kerala

(1973) 4 SCC 225|Decided on: April 24, 1973
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Ratio Decidendi: AI Principle Extraction

The Parliament has the power to amend any part of the Constitution, including Fundamental Rights, under Article 368. However, this power is not absolute. The “Basic Structure” of the Constitution cannot be altered, damaged, or destroyed through an amendment. Any amendment that violates the essential features of the Constitution is ultra vires.

Judicial ReviewRule of LawSeparation of PowersFederalism

Chronological Facts

¶12

His Holiness Kesavananda Bharati Sripadagalvaru, the head of the Edneer Mutt in Kerala, challenged the Kerala Government's attempts, under two state land reform acts, to impose restrictions on the management of its property.link

¶14

The petitioner argued that these acts violated his fundamental rights under Article 25 (Freedom of religion), Article 26 (Freedom to manage religious affairs), Article 14 (Equality), Article 19(1)(f) (Right to property), and Article 31 (Compulsory acquisition of property).link

¶17

During the pendency of the petition, the Parliament passed the 24th, 25th, and 29th Constitutional Amendments, which were then also challenged by the petitioners.link

Semantic Breadcrumbsaccount_tree
Property Dispute > Land Reforms > Constitutional Validity > 24th Amendment
Religious Freedom > Article 26 > Management of Assets