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case_law:kesavananda_bharati

Kesavananda Bharati Sripadgalvaru and Others v. State of Kerala and Another

Court Supreme Court
Citation 1973 KHC 800
Date 24/04/1973

S. M. Sikri, C. J. I. ; J. M. Shelat; K. S. Hegde; A. N. Grover; A. N. Ray; P.Jaganmohan Reddy; D. G. Palekar; H. R. Khanna; K. K. Mathew; M. H.Beg; S. N. Dwivedi; A. K. Mukherjea; Y. V. Chandrachud, JJ.

His Holiness Kesavananda Bharati Sripadgalvaru and Others v. State of Kerala and Another Parallel citation(s) : 1973 KHC 800 : 1973 (4) SCC 225 : AIR 1973 SC 1461 : 1973 Supp SCR 1 CaseNo : W. P. Nos. 135 of 1970, 351, 352, 373, 374, 400 of 1972

Decision


Constitution of India – Art.13(2) – Meaning of Law – Does it include 'Amendment' – Held, it does not include amendments to the Constitution – Art.13(2) has reference to ordinary piece of legislation

Important Para(s):1381, 1548


Constitution of India – Preamble. – Is preamble a part of Constitution – Held preamble is a part of Constitution – Interpretation of Statutes – Importance of preamble as an aid in constructing a statute

Important Para(s):36, 84, 1482


Constitution of India – Art.368 – Scope of Amendment under Art.368 – Interpretation of Statutes – Words and Phrases – Law – Amendment – Amendment does not include power to abrogate Constitution – Does not include power to alter the basic structure of Constitution – Basic Structure – Subject to – Power of amendment, plenary – Parliament can amend various articles, including fundamental rights – No immunity from amendatory process, for any part of fundamental rights – Amendment includes power to add to, alter or repeal various articles – I.C. Golaknath v. State of Punjab, overruled

Important Para(s):1440, 1445, 1163


Constitution of India – Art.31 – Constitution of India (25th Amendment Act,1971) – Amendment of Art.31 sub clause (2) – Substitution of New clause – Clause 2B inserted after Clause 2A – Acquisition of property by State – New Clause 2 the State has power to acquire or requisition property for amount named in the Act – Word “amount” substituted instead of word “compensation” – New Clause 2 (B) Art.19(1)(f) relating to the right to acquire, hold and dispose of property is made inapplicable to laws under Art.31, Clause 2 – Validity of amendment – The adequacy of amount not justiciable – Held, amendment valid

Important Para(s):775, 1078


Interpretation of Statutes – External Aids of Interpretation – Constituent Assemble Debates – Reliance – Explained

Important Para(s):1376


Constitution of India – Constitution of India (Twenty - Fifth Amendment Act) 1971, S.3 – Insertion of – Art.31C – Validity of – First part of S.3 valid – Law purporting to made by Legislature under Art.31C in order to give effect to objects of Directive Principles of State Policy as enshrined in Art.39(b)&© can be challenged only on the ground of it does not give effect to the object – Second part of S.3, “and no law containing a declaration that it is for giving effect to such policy shall be called into in any Court on the ground that it does not give effect to such policy” – Ouster of jurisdiction of Court – Not visualized in Art.31C – Invalid

Important Para(s):611, 431


Constitution of India – Art.31A – Art.31C – Interpretation of Statutes – Pari materia provisions - Art.31A valid – Art.31C valid

Important Para(s):1093, 1119


Constitution of India – Constitution of India(Twenty-Fifth Amendment Act) 1971 – Insertion of Art.31C – First part valid – Second part invalid – Strikes at Basic Structure of Constitution – Ouster of judicial scrutiny – Interpretation of statutes – Interpretation of Constitution – Doctrine of severability – Second part severed from the rest of the provision – Valid

Important Para(s):1217, 1219


Constitution of India – Art.31B – Constitution of India (Twenty-Ninth Amendment Act) 1971 – Insertion of Acts – Land Reforms (Amendment) Act, 1969 (Kerala), Land Reforms (Amendment) Act, 1971 (Kerala) – Amendment – Constitutionality of an Act – Validity of – Held, Twenty-Ninth Amendment Act, valid – Schedule.7 Art.31B – Acts included in Ninth Schedule are immune from challenge

Important Para(s):1342


Constitution of India – Constitution of India (Twenty-Ninth Amendment) Act, 1971 – Valid – Art.31B – Ninth Schedule –Validity of an Act in Ninth Schedule – Whether Amendment Act or any provisions of Act included in Ninth Schedule abrogates any basic element of Constitutional structure or denudes of their identity – Question will have to be answered

Important Para(s):624


Constitution of India – Art.31B, Art.368 – Constitution of India (Twenty-Ninth Amendment) Act, 1971 – Art.368 does not enable Parliament to take away or abrogate fundamental rights – Art.31B and Ninth Schedule bad in so far as it protects statutes which takes away fundamental rights – Twenty-Ninth Amendment Act is bad in so far as it protects the impugned Act which takes away fundamental right

Important Para(s):468, 486, 633, 628, 796


Constitution of India – Art.368 – Amendment to Constitution of India – Any provision of Constitution can be amended, provided the basic structure remains the same – Basic structure explained

Important Para(s):513, 518, 618, 786


Interpretation of statutes – Principles of construction of statutes, including Constitution

Important Para(s):316


Constitution of India – Art.368 – Art.368 does not enable the Parliament to alter the basic structure of the Constitution – Constitution of India, Art.13

Important Para(s):1152


Constitution of India – (Twenty-fourth Amendment) Act, 1971 – Is valid

Important Para(s):42, 408, 409, 410


Constitution of India – Art.13(2) – Expression 'Law' – Does not include constitutional amendments under Art.368 – Constitution of India, Art.368

Important Para(s):639, 640, 641, 759


Constitution of India – Art.31 – Constitution of India (Twenty-fifth Amendment) Act, 1971, S.2 – State has power to acquire or requisition property – Hence, the provision is valid

Important Para(s):725, 1202, 1733


Constitution of India – Art.31C – Constitution of India (Twenty-fifth Amendment) Act, 1971, S.3 – First part of S.3 inserting Art.31C is valid –Second part invalid

Important Para(s):1078


Land Reforms (Amendment) Act, 1969 (Kerala) – Land Reforms (Amendment) Act, 1971 (Kerala) – Constitution of India (Twenty-ninth Amendment) Act, 1971 – Is valid -Constitution of India, Schedule.9

Important Para(s):2139


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