Kesavananda Bharati was a Kannada and Hindustani vocalist and master of Yakshagana, an Indian art and theater form, and had also written many devotional songs and dramas. He was a patron of education, Kannada culture and humanities , including Yakshagana, music and drama.
Historical Judgement by SC on basic structure of the constitution
Swami Kesavananda Bharati had moved the Supreme Court on March 21, 1970, challenging the Kerala government’s takeover of land owned by the mutt as per the state’s revolutionary land reforms act of 1969. The seer realised that it might be difficult to run the mutt once its property, source of income for running it, was acquired by the government. The seer was behind the court verdict within the “His Holiness Kesavananda Bharati
Sripadagalvaru and Ors. Vs. State of Kerala and others” case that has been etched into the annals of the Indian system together the best Constitutional cases within the country and even now keeps reverberating within the corridors of justice.
Bharati argued that the three amendments breached his fundamental rights under Article 25 (right to practice and propagate religion), Article 26 (freedom of spiritual denomination, including managing and administering its property) and Article 31 (right to property).
The Kesavananda Bharati case was the culmination of a significant conflict between the judiciary and therefore the government, then headed by Mrs Gandhi . In 1967, the Supreme Court took an extreme view, within the Golak Nath case, that Parliament couldn’t amend or alter any fundamental right. Two years later, Gandhi nationalized 14 major banks and therefore the paltry compensation was made payable fettered that matured after 10 years! This was struck down by the Supreme Court, although it upheld the proper of Parliament to nationalize banks and other industries. A year later, in 1970, Mrs Gandhi abolished the Privy Purses. This was a constitutional betrayal of the solemn assurance given by Sardar Patel to all or any the erstwhile rulers. This was also struck down by the Supreme Court. Ironically, the abolition of the Privy Purses was challenged by the late Madhavrao Scindia, who later joined the Congress Party.
Smarting under three successive adverse rulings, which had all been argued by N.A. Palkhivala, Gandhi decided to chop the Supreme Court and therefore the High Courts to size and she or he introduced a series of constitutional amendments that nullified the Golak Nath, Bank Nationalisation and Privy Purses judgments. during a nutshell, these amendments gave Parliament uncontrolled power to change or maybe abolish any fundamental right. This case of Kesavananda Bharati was decided by a narrow majority of seven to six judges. it had been held by the bulk that there are certain basic features of the Constitution, which can’t be destroyed or damaged while amending the Constitution.
Shubham Sharma, Lloyd Law College.
