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Home Landmark Judgments Fundamental Rights & Personal Liberty
1973

Kesavananda Bharati v. State of Kerala

(1973) 4 SCC 225 · 13-judge bench (7:6 majority)

The Facts

A Kerala land-reform law affecting a religious institution's property was challenged, but the case grew into a much bigger question: does Parliament's power to amend the Constitution under Article 368 have any limits at all?

The Holding

By a razor-thin 7:6 majority, the Court held that Parliament can amend any part of the Constitution, including Fundamental Rights — but cannot use that power to destroy or alter the Constitution's "basic structure" (core features like democracy, secularism, separation of powers, judicial review, and the rule of law).

This is arguably the single most important case in Indian constitutional history — the "Basic Structure Doctrine" it created is what stops Parliament from, say, amending away elections or the judiciary itself, even with the numbers to pass a constitutional amendment.

Cross-References

Related law

Art. 368

The amendment power this case placed a real, judicially-enforced limit on