Bengaluru: Edaneeru mutt Keshavananda Bharati seer of the famous Keshavananda Bharati Vs Kerala government case which is considered as the milestone in the modern history of India passed away on Sunday early morning.
This case is still taught as an important judgment of the Supreme Court. The case was heard by 13 judges Supreme Court bench.
The Seer was a well known Yakshagana artist. He is known for his Bhagavatike in Yakshagana. He was running a Yakshagana team also.
According to his devotees, he had completed Chaturmaya on September 2. The 79-year-old seer had a huge number of fans in Dakshina Kannada and Udupi districts.
The famous judgment
The Kesavananda Bharati judgment or His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. (case citation: (1973) 4 SCC 225) 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 that cannot be trampled upon. The basic structure doctrine forms the basis of the 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 Constitution 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.
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 act 1973
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