Kesavananda Bharati v. State of Kerala (1973) stands as a cornerstone of Indian constitutional law, establishing the Basic Structure Doctrine that limits Parliament’s amending power under Article 368. This 13-judge bench decision, delivered by a 7:6 majority on April 24, 1973, arose from challenges to land reforms but pivoted to broader questions of constitutional supremacy. Law students should master its facts, issues, and implications for exams like Delhi Constable Executive.
Case Background
Kesavananda Bharati, head of Edneer Mutt in Kerala, challenged the Kerala Land Reforms Act, 1969, which capped land holdings and allowed state acquisition of excess land from religious institutions. Filed under Article 32 on March 21, 1970, the petition invoked rights to property (Article 31) and religious management (Article 26). It consolidated 13 petitions against the 24th, 25th, and 29th Constitutional Amendments, which expanded Parliament’s amendment powers and curtailed judicial review.
Key Legal Issues
- Scope of Parliament’s amending power under Article 368: Could it abridge fundamental rights or alter the Constitution’s core?
- Validity of amendments removing property rights from Part III and limiting judicial scrutiny of land laws.
- Tension between Directive Principles (socio-economic goals) and Fundamental Rights, post-Golaknath (1967).
Judgment Details
A 13-judge bench (largest ever) heard arguments over 68 days from October 31, 1972. Majority (Sikri CJ, Hegde, Mukherjee, Shelat, Grover, Reddy, Khanna JJ) upheld unlimited amendment power but ruled Parliament cannot destroy the Constitution’s “basic structure.” Dissenters (Ray, Palekar, Mathew, Beg, Dwivedi, Chandrachud JJ) favored broader parliamentary sovereignty. Eleven separate opinions yielded no single ratio, yet the doctrine emerged.
Basic Structure Doctrine
Parliament may amend any part but not its “basic elements,” implied from the Preamble and structure. Non-exhaustive features include:
- Supremacy of the Constitution
- Republican/democratic form of government
- Separation of powers
- Federalism
- Secularism
- Judicial review
- Rule of law
- Individual freedoms (core of Part III)
- Unity and integrity of India
- Free and fair elections
- Sovereignty and dignity of the individual
Key Features for Law Students
- Overruled Golaknath partially: Amendments can affect fundamental rights if not basic structure-altering.
- Preamble as key: Non-justiciable but guides basic structure identification.
- Justice Khanna’s role: His swing vote preserved judicial review; he later dissented in ADM Jabalpur.
- 703-page judgment: Emphasizes nuanced reading over majority text.
- Procedural note: Upheld 25th Amendment but struck parts of 29th; land reforms validated.
Case History
Kesavananda Bharati v. State of Kerala originated from land reform disputes in Kerala, where the petitioner challenged state laws affecting religious properties. Filed directly in the Supreme Court under Article 32 on March 21, 1970, it consolidated multiple petitions against key constitutional amendments. The case reached a landmark 13-judge bench hearing, culminating in the Basic Structure Doctrine on April 24, 1973.
Core Facts
Kesavananda Bharati, the spiritual head (Dharma Kartha) of Edneer Mutt in Kerala, owned substantial land subject to the Kerala Land Reforms Act, 1963 (amended 1969). This Act imposed ceilings on land holdings, enabled state acquisition of excess land (including from religious institutions) at fixed compensation, and restricted tenants’ eviction—allegedly violating Articles 14, 19(1)(f), 25, 26, 31 (property and religious rights). Bharati sought to preserve the mutt’s traditional management and property rights amid Kerala’s aggressive land redistribution.
Procedural History
- Petition Filing (1970): Bharati approached the Supreme Court directly via writ petition, invoking fundamental rights; case registered as Writ Petition (Civil) No. 135 of 1970.
- Consolidation: Merged with 12 other petitions challenging the 24th Amendment (1971, affirming Parliament’s unlimited amending power), 25th Amendment (1971, shielding land laws from judicial review and redefining compensation), and 29th Amendment (1972, adding Kerala land laws to Ninth Schedule).
- Bench Constitution: Referred to a 13-judge bench (largest in history: Sikri CJ + 12 others) on October 31, 1972, overruling a smaller bench due to Golaknath precedent (1967, holding fundamental rights unamendable).
- Hearings: Spanned 68 working days (5 months), with 147 witnesses and extensive arguments on amendment powers.
- Judgment (April 24, 1973): 7:6 majority verdict (703 pages, 11 opinions); upheld amendments’ validity except parts altering basic structure; land reforms sustained.
Impacts and Legacy
Stabilized Constitution against overreach, invoked in Minerva Mills (1980), Waman Rao (1981), and IR Coelho (2007). Balances Parliament’s power with judicial guardianship, vital for competitive exams. As of 2026, it remains unchallenged, marking 53 years of doctrinal endurance.
