Court case(1973) 4 SCC 225

Kesavananda Bharati v. State of Kerala Kesavananda Bharati

(1973) 4 SCC 225; AIR 1973 SC 1461 · Supreme Court of India · 1973

PrincipleParliament cannot amend the basic structure of the Constitution.

Facts

The head of a Kerala math challenged the Kerala land reform laws, and the challenge widened into an attack on the 24th, 25th and 29th Amendments, which had been passed to overcome Golaknath and to place land reform laws beyond challenge.

Held

By a majority of 7 to 6 the largest bench in the court's history held that Parliament may amend any provision of the Constitution, including fundamental rights, but may not alter or destroy its basic structure. Golaknath was overruled to the extent it denied the power to amend fundamental rights. The part of Article 31C that excluded judicial review was struck down.

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