Basic Structure Doctrine - The Kesavananda Bharati Case #KK68
For any questions, suggestions or queries, you can follow and reach out to us on twitter/X at https://twitter.com/AbhasMishra or our website:
https://podcasters.spotify.com/pod/show/abhas-mishra
In this episode of Kanooni Kisse, we continue our exploration of the Basic Structure Doctrine, tracing the turbulent years leading up to the landmark Kesavananda Bharati case. As the 1970s unfolded, India witnessed a fierce power struggle between Parliament and the judiciary, driven by the vision of Prime Minister Indira Gandhi. This episode delves into how this battle unfolded, the pivotal amendments introduced by her government, and how a seemingly simple property dispute would become the basis for a defining constitutional showdown.
Key Points:
The Aftermath of Golaknath: A quick recap of the Golaknath verdict, which limited Parliament’s power to amend fundamental rights, triggering waves of political and legal tension.
Indira Gandhi’s Response: A look at the political climate under Prime Minister Indira Gandhi, who challenged judicial constraints with radical constitutional amendments. The 24th Amendment granted Parliament broad powers to amend the Constitution, while the 25th Amendment prioritized social welfare over individual property rights.
The Role of the Judiciary: As the amendments took shape, the judiciary faced mounting pressure to define its role as a constitutional guardian. This episode discusses how the Golaknath ruling and subsequent amendments tested the judiciary's boundaries and set the stage for the next battle.
The Entry of Swami Kesavananda Bharati: A fascinating turn of events began with a monk from Kerala, Swami Kesavananda Bharati, who sought judicial intervention to protect his monastery’s property. This episode explains how his petition spiraled into a constitutional debate on Parliament’s amending powers, leading to an unprecedented Supreme Court bench of thirteen justices.
Setting the Stage for the Kesavananda Bharati Verdict: As the country watched, the Supreme Court’s thirteen-judge bench prepared to hear arguments questioning the scope of Parliament’s authority. We close the episode with the anticipation of the debates and the monumental verdict to come.
Notable Quotes:
- “This wasn’t just about property anymore; it was about the soul of the Indian Constitution itself.”
- “Did Parliament’s power to amend the Constitution include the power to destroy it? Or were there certain ‘basic structures’—principles that could never be touched?”
Why Listen? This episode sets up the climax of the battle over India’s constitutional identity, exploring the intense political maneuvering, legal arguments, and personalities that defined a critical chapter in Indian jurisprudence. Whether you’re a legal enthusiast, a student, or simply curious about India’s legal history, this episode provides a deep dive into the factors that shaped one of the most impactful doctrines in constitutional law.
Views and opinions expressed by the guest are their own and do not reflect the opinions of the channel or the host. None of the views are meant to malign any religion, ethnicity, caste, organization, company or individual. The contents of the show are meant to spread awareness and should not be considered legal advice. Do not imply solicitation. Always consult a lawyer.
LinkedIN profile of our Chambers: https://www.linkedin.com/company/76478950/
कानूनी कहानियों और व्याख्यान के लिए सुनें Kanooni Kisse
D'autres épisodes de "Kanooni Kisse: Law, Life & Musings"
Ne ratez aucun épisode de “Kanooni Kisse: Law, Life & Musings” et abonnez-vous gratuitement à ce podcast dans l'application GetPodcast.
