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- Kesavananda_Bharati_v._State_of_Kerala abstract "His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. (case citation: AIR 1973 SC 1461) is a landmark decision of the Supreme Court of India that outlined the Basic Structure doctrine of the Constitution. Justice Hans Raj Khanna asserted through this doctrine that the constitution possesses a basic structure of constitutional principles and values. The Court overruled the prior precedent Golaknath v. State of Punjab AIR 1967 SC 1643, which held that constitutional amendments pursuant to Article 368 were subject to fundamental rights review.The Basic Structure doctrine forms the basis of a limited power of the Indian judiciary to review, and strike down, amendments to the Constitution of India enacted by the Indian parliament which conflict with or seek to alter this basic structure of the Constitution.The 13-judge Constitutional bench of the Supreme Court deliberated on the limitations, if any, of the powers of the elected representatives of the people and the nature of fundamental rights of an individual. In a sharply divided verdict, by a margin of 7-6, the court held that while the Parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution.Although the court upheld the basic structure doctrine by only the narrowest of margins, it has since gained widespread acceptance and legitimacy due to subsequent cases and judgments. Primary among these was the imposition of the state of emergency by Indira Gandhi in 1975, and the subsequent attempt to suppress her prosecution through the 39th Amendment. When the Kesavananda case was decided, the underlying apprehension of the majority bench that elected representatives could not be trusted to act responsibly was perceived to be unprecedented. However, the passage of the 39th Amendment proved that in fact this apprehension was well-founded. In Indira Nehru Gandhi v. Raj Narain, a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy.The Kesavananda judgment also defined the extent to which Parliament could restrict property rights, in pursuit of land reform and the redistribution of large landholdings to cultivators, overruling previous decisions that suggested that the right to property could not be restricted. The case was a culmination of a series of cases relating to limitations to the power to amend the Indian constitution.".
- Kesavananda_Bharati_v._State_of_Kerala wikiPageID "10300882".
- Kesavananda_Bharati_v._State_of_Kerala wikiPageRevisionID "606596015".
- Kesavananda_Bharati_v._State_of_Kerala citation "AIR 1973 SC 1461".
- Kesavananda_Bharati_v._State_of_Kerala dissent "Ray J.; Palekar J.; Khanna J.; Mathew J.; Beg J.; Dwivedi J.; Chandrachud J.".
- Kesavananda_Bharati_v._State_of_Kerala fullname "His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr.".
- Kesavananda_Bharati_v._State_of_Kerala hasPhotoCollection Kesavananda_Bharati_v._State_of_Kerala.
- Kesavananda_Bharati_v._State_of_Kerala holding "There are certain principles within the framework of Indian Constitution which are inviolable and hence cannot be amended by the Parliament. These principles were commonly termed as Basic Structure.".
- Kesavananda_Bharati_v._State_of_Kerala lawsapplied Code_of_Criminal_Procedure,_1973.
- Kesavananda_Bharati_v._State_of_Kerala lawsapplied Constitution_of_India.
- Kesavananda_Bharati_v._State_of_Kerala lawsapplied Indian_Contract_Act_1872.
- Kesavananda_Bharati_v._State_of_Kerala lawsapplied Indian_Evidence_Act.
- Kesavananda_Bharati_v._State_of_Kerala litigants "Kesavananda Bharati Sripadagalvaru and Ors v. State of Kerala and Anr".
- Kesavananda_Bharati_v._State_of_Kerala majority "Sikri C. J. Hegde and Mukherjea, JJ.; Shelat and Gover, JJ.; Jaganmohan Reddy, J.; Khanna, J.".
- Kesavananda_Bharati_v._State_of_Kerala comment "His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. (case citation: AIR 1973 SC 1461) is a landmark decision of the Supreme Court of India that outlined the Basic Structure doctrine of the Constitution. Justice Hans Raj Khanna asserted through this doctrine that the constitution possesses a basic structure of constitutional principles and values. The Court overruled the prior precedent Golaknath v.".
- Kesavananda_Bharati_v._State_of_Kerala label "Kesavananda Bharati v. State of Kerala".
- Kesavananda_Bharati_v._State_of_Kerala sameAs m.02q7t_h.
- Kesavananda_Bharati_v._State_of_Kerala sameAs Q6394902.
- Kesavananda_Bharati_v._State_of_Kerala sameAs Q6394902.
- Kesavananda_Bharati_v._State_of_Kerala wasDerivedFrom Kesavananda_Bharati_v._State_of_Kerala?oldid=606596015.
- Kesavananda_Bharati_v._State_of_Kerala isPrimaryTopicOf Kesavananda_Bharati_v._State_of_Kerala.