Kesavananda Baharthi case and the Emergence of the Doctrine

Nageswari, R and Queen Sheela, J R (2026) Kesavananda Baharthi case and the Emergence of the Doctrine. INTERNATIONAL JOURNAL FOR LEGAL RESEARCH AND ANALYSIS, 3. ISSN 2582-6433

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Abstract

The supreme court’s ruling in Kesavananda Bharati v. state of Kerala (1923) marked a sea change in India’s constitutional history.it is considered by many to be among the most significant constitutional rulings that the Indian judiciary has ever rendered.by establishing the idea that parliament’s authority to amend the constitution is restricted, the case significantly changed the relationship between the judiciary and the parliament.1
In order to execute socio-economic reforms, especially land redistribution and agrarian reforms, parliament passed a number of constitutional amendments over the two decades resulted from these changes’ frequent conflicts with fundamental rights.
In response to the Golaknath ruling, parliament made a number of reforms in the early 1970s in an attempt to regain its constitutional authority.2 These changes were seen as attempts to establish parliamentary sovereignty and supersede judicial power.as a result, the legislature and the judiciary engaged in a significant constitutional dispute that raised important issues regarding the boundaries of article 368’s modification authority.3
This constitutional dispute gave rise to the Kesavananda Bharati case. The supreme court was asked to decide whether parliament had unrestricted authority to change the constitution or if some essential ideas were outside of its purview.in addition to resolving this dispute, the court’s landmark decision established the basic structure doctrine, which has subsequently grown to be a pillar of Indian constitutional law.

Item Type: Article
Subjects: Legal Studies > Constitutional Law
Domains: Legal Studies
Depositing User: IR Admin
Date Deposited: 03 Sep 2026 09:00
Last Modified: 03 Sep 2026 09:01
URI: https://ir.vistas.ac.in/id/eprint/21105

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