page_title: Kesavananda Bharati v. State of Kerala
section_title: Facts
hierarchical_section_title: Kesavananda Bharati v. State of Kerala / Facts
caption_attribution_description: English: Shri Kesavananda Bharati Swamiji with devotees at Maha Kumbha Mela held at Allahabad in Feb 2013
context_page_description: The Kesavananda Bharati judgement or His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr. 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 partially cemented the prior precedent Golaknath v. State of Punjab, which held that constitutional amendments pursuant to Article 368 were subject to fundamental rights review, by asserting that only those amendments which tend to affect the 'basic structure of the Constitution' are subject to judicial review. At the same time, the Court also upheld the constitutionality of first provision of Article 31-C, which implied that any constitutional amendment seeking to implement the Directive Principles, which does not affect the 'Basic Structure', shall not be subjected to judicial review.
context_section_description: On February 1970 Swami Kesavananda Bharati, senior plaintiff and head of Edneer Matha - a Hindu Matha situated in Edneer, a village in Kasaragod district of Kerala, challenged the Kerala government's attempts, under two state 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.
caption: Kesavananda Bharati (center) at the Kumbh Mela in February 2013.
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