Kesavananda Bharati: An Unyielding Pillar of Constitutional Integrity

The Kesavananda Bharati case symbolizes India's dedication to constitutionalism and the rule of law. The landmark 1973 verdict established the 'basic structure doctrine,' curbing Parliament's powers and upholding judicial review over constitutional amendments. CJI Surya Kant emphasized its ongoing relevance in fortifying democratic principles and safeguarding India's constitutional soul.

The Kesavananda Bharati case remains a monumental testament to India's unwavering commitment to constitutionalism and the rule of law, as highlighted by Chief Justice of India, Surya Kant. Decided in 1973, this landmark verdict introduced the 'basic structure doctrine,' which limited Parliament's power to amend the Constitution, while empowering the judiciary to review such amendments for potential violations.

Addressing attendees at the International Convention on Independence of Judiciary at OP Jindal Global University, CJI Kant praised the Kesavananda judgment for distinguishing the immutable core elements of the Constitution. He regarded these elements as the 'just soul' of the Constitution, meticulously crafted by the framers under Dr. B R Ambedkar's visionary guidance. According to Kant, these principles were not invented but rather discovered through interpretation.

The CJI further elaborated that the 'basic structure doctrine' ensures that the Constitution is not merely a temporary political text but a lasting covenant between the state and its citizens. He noted its role in promoting constitutional growth without undermining its foundational spirit. This doctrine, Kant affirmed, remains vital for steering democracy away from absolutism as India modernizes its institutions.

(With inputs from agencies.)