Kesavananda Bharati Sripadagalvaru & Ors. v. State of Kerala & Anr. (Writ Petition (Civil) 135 of 1970), also known as the Kesavananda Bharati judgement, is a landmark decision of the Supreme Court of India that outlined the basic structure doctrine of the Indian constitution.
FACTS OF THE CASE
On February 1970 Swami Kesavananda Bharati, senior plaintiff and head of the Hindu monastery Edneer Matha in Edneer, Kasaragod District, Kerala, challenged the Kerala government‘s attempts, under two land reform acts, to impose restrictions on the management of its property. A noted Indian jurist, Nanabhoy Palkhivala, convinced Swami into filing his petition under Article 26, concerning the right to manage religiously owned property without government interference. Even though the hearings consumed five months, the outcome would profoundly affect India’s democratic processes. The case had been heard for 68 days, the arguments commencing on October 31, 1972, and ending on March 23, 1973, and it consists of 200 pages.
JUDGEMENT
The Supreme Court reviewed the decision in Golaknath v. State of Punjab and considered the validity of the 24th, 25th, 26th and 29th amendments. The case was heard by the largest ever Constitution Bench of 13 Judges. The bench gave eleven separate judgments, which agreed on some points and differed on others Nanabhoy Palkhivala, assisted by Fali Nariman and Soli Sorabjee, presented the case against the government in both cases.
