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Case Study: Kesavananda Bharati vs State Of Kerala And Anr 24 April, 1973–

Case Study: Kesavananda Bharati vs State Of Kerala And Anr

Case Study: Kesavananda Bharati  vs State Of Kerala And Anr  24 April, 1973

  • Name of the case – Kesavananda Bharati … vs State Of Kerala And Anr
  • Equivalent Citations- (1973) 4 SCC 225)

 INTRODUCTION –

 Kesavananda Bharati  vs State Of Kerala –This is the greatest decision in the history of the Indian constitution which determined the fabric of Indian constitution and also has till date the highest number of judges on the bench Supreme Court of India outlined the Basic Structure doctrine of the Constitution.

JUDGES INVOLVED IN THE CASE –

  • Sikri, N. Grover, N. Ray, G. Palekar, R. Khanna, M. Shelat, K. Mathew, S. Hegde, H. Beg, Jaganmohan Reddy, N. Dwivedi, V.Chandrachud

FACTS OF THE CASE – 

The factual summary of this case is as follows-

  • In February 1970 Swami HH Sri Kesavananda Bharati, Senior head of “Edneer Mutt” – a HinduMutt situated in Edneer, a village in Kasaragod District of Kerala, challenged the Kerala government’s attempts, under two state land reform acts, to impose restrictions on the management of its property.
  • Although the state invoked its authority under Article 21, an Indian jurist, Nanabhoy Palkhivala, convinced the Swami into filing his petition under Article 26, concerning the right to manage religiously owned property without government interference
  • The big fight was anticipated. Major amendments to the Constitution (the 24th, 25th, 26th, and 29th) had been enacted by Indira Gandhi’s government through Parliament to get over the judgments of the Supreme Court in R.C. Cooper (1970), Madhavrao Scindia (1970) and Golak Nath.
  • The first had struck down bank nationalization, the second had annulled the abolition of privy purses of former rulers and the third had held that the amending power could not touch Fundamental Rights.
  • All these amendments were under challenge in Kesavananda. Since Golak Nath was decided by eleven judges, a larger bench was required to test its correctness. And so, 13 judges were to sit on the Kesavananda bench.

ISSUES OF THE CASE –

  • Whether constitutional amendment as per article 368 applicable to fundamental rights also?
  • Whether 24thamendment act 1971 is valid?
  • Whether section 2(a), 2(b) and 3 of 25thamendment is valid?
  • Whether 29thamendment act 1971 is valid?

JUDGEMENT OF THE CASE –

There are 11 separate judgments of each judge, however, the summarized form of the same is-

Writ Petition No. 135 of 1970 was filed by the petitioner on March 21, 1970, under Article 32 of the Constitution for enforcement of his fundamental rights under Articles 25, 26, 14, 19(1)(f) and 31 of the Constitution. He prayed that the provisions of the Kerala Land Reforms Act, 1963 (Act 1 of 1964) as amended by the Kerala Land Reforms (Amendment) Act 1969 (Act 35 of 1969) be declared unconstitutional, ultra vires and void.

The Constitution (Twenty-fifth Amendment) Act came into force on November 5, 1971, the Constitution (Twenty-fifth Amendment) Act came into force on April 20, 1972, and the Constitution (Twenty-ninth Amendment) Act came into force on June 9, 1972. The effect of the Twenty-ninth Amendment of the Constitution was that it inserted the following Acts in the Ninth Schedule to the Constitution:

  • The Kerala Land Reforms (Amendment) Act, 1969 (Kerala Act 35 of 1969).
  • The Kerala Land Reforms (Amendment) Act, 1971 (Kerala Act 25 of 1971).

The petitioner then moved an application for urging additional grounds and for amendment of the writ petition in order to challenge the above Constitutional amendments.

Before proceeding with the main task, judges review: what was decided in I.C. Golak Nath v. State of Punjab [1967] 2 S.C.R. 762? In order to properly appreciate that case, it is necessary first to have a look at Sri Sankari Prasad Singh Deo v. Union of India and State of Bihar [1952] S.C.R. 89 and Sajjan Singh v. State of Rajasthan [1965] 1 S.C.R. 933.

The Constitution (First Amendment) Act, 1951, which inserted inter alia Articles 31A and 31B in the Constitution was the subject matter of decision in Sankari Prasad’s [1952] S.C.R. 89 case. The main arguments relevant to the present case which were advanced in support of the petition before this Court were summarised by Patanjali Sastri, J. as he then was, as follows:

First, the power of amending the Constitution provided for under Article 368 was conferred not on Parliament but on the two Houses of Parliament as designated body and, therefore, the provisional Parliament was not competent to exercise that power under Article 379.

Fourthly, in any case, Article 368 is a complete code in itself and does not provide for any amendment being made in the bill after it has been introduced in the House. The bill in the present case having been admittedly amended in several particulars during its passage through the House, the Amendment Act cannot be said to have been passed in conformity with the procedure prescribed in Article 368.

Fifthly, the Amendment Act, in so far as it purports to take away or abridge the rights conferred by Part III of the Constitution, falls within the prohibition of Article 13(2).

The view that Article 368 is a complete code in itself in respect of the procedure provided by it and does not contemplate any amendment of a Bill for amendment of the Constitution after it has been introduced, and that if the Bill is amended during its passage through the House, the Amendment Act cannot be said to have been passed in conformity with the procedure prescribed by Article 368 and would be invalid, is erroneous.

Although “law” must ordinarily include Constitutional law there is a clear demarcation between an ordinary law which is made in the exercise of legislative power and Constitutional law, which is made in the exercise of constituent power. In the context of Article 13, “law” must be taken to mean rules or regulations made in exercise of ordinary legislative power and not amendments to the Constitution made in the exercise of constituent power with the result that Article 13(2) does not affect amendments made under Article 368.

The Chief Justice came to the conclusion that “as a matter of construction, there is no escape from the conclusion that Article 368 provides for the amendment of the provisions contained in Part III without imposing on Parliament an obligation to adopt the procedure prescribed by the provision.

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  68. Balıkesir nakliyat firması aradığınız anda taşınma kararı almış olursunuz. Ve kafanızda onlarca soru biranda oluşur. Eşyalar nasıl toplanacak, demontaj, paketleme, kurulum, yerleştirme işlemler ve daha fazlası. Bunların nasıl olacağı hakkında tereddütleriniz vardır. Bu tereddütlerinizden kurtulmaya ne dersiniz? En iyi Balıkesir nakliyat firması tercih ederek tüm bu zorlukları kenara bırakabilirsiniz. Bizler geliştirmiş olduğumuz web sitemiz ve uygulamamız sonucunda size layık olan firmaları sizin için bir araya getirdik. Balıkesir evden eve nakliyat işlemlerinizde sorunlarınıza çözüm olmanın adı olmayı amaçlıyoruz. Hem de bunu en uygun fiyatlarla başarmaya hazırız. Ya siz hazır mısınız?

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  71. Antalya nakliyat işleminde hizmet sunan her şirketin farklı hizmet anlayışı vardır. Kimin daha iyi veya kötü işlev yaptığı taşınma yapılmadan bilinmez. Bu nedenle tecrübe edinmeden bir firma hakkında yorum yapmak doğru değildir. Ancak bizler daha önce taşınan müşterilerin Antalya nakliyat firmaları hakkındaki yorumlarına bakarak sizlerin tercih yapmanızı sağlıyoruz. Bu şekilde gerçekleştirecek olduğunuz Antalya evden eve nakliyat işlemlerinizde sorunlar kenara atılarak mutlu taşınma süreçleri meydana gelmiş oluyor. Birde bunun yanına daha az ücretler ödemenizse hediye kuponu sayılır durumda.

  72. Hatay nakliyat için yıllardır binlerce müşteriyi yeni yuvasına güvenle taşımış firmalarla taşınmaya ne dersiniz? Bahsi geçen Hatay nakliyat firmaları tecrübe ve iş prensipleriyle sizlerin memnuniyetine öncelik verirler. Eşyalarınız güvenli ellerde yeni adresinize nakil edilir. İşlerini büyük bir özveriyle yerine getiren Hatay evden eve nakliyat firmaları sizlerden gelecek talepleri bekliyorlar. Nakliyat platformumuz sayesinde sadece bir firmadan değil onlarca kaliteli firmadan nakliyat teklifi alarak fiyatları karşılaştırarak en iyi kararı verebilirsiniz.

  73. Samsun nakliyat ve taşımacılık için yılların tecrübesine sahip en iyi firmalar ve kadroları burada sizlere hizmet etmeye hazır. Zorlu süreçleri kolaylaştırmak adına yaptıkları çalışmaların tamamında başarı elde edilmiştir. Samsun evden eve nakliyat oldukça zor yapılan bir iştir. Doğru planlama ve strateji ile birlikte görev yapan personelinde alanında uzman olması çok önemlidir. Samsun nakliyat firmaları bu yönde oldukça ileri seviyede sayılabilir. Nedeni de çalıştırmış oldukları elemanların tamamı kalifiyeli kişilerden oluşmaktadır. Samsun nakliyat için sizlerde nakliyat firmalarımızla sorunsuz taşınma yapabilirsiniz. Problem yaşamadan taşınmak için güvenle tercih edin.

  74. Konya ili ülkemizin en büyük yüz ölçümüne sahip illerinden biridir. Nüfusu aynı şekilde oldukça fazladır. Bu nedenle Konya nakliyat hizmeti büyük bir yere sahiptir. Her yıl binlerce kişi yeni yuvasına taşınır. Ancak burada dikkat çekilmesi gereken bir konu vardır. Oda bu hizmeti alan kaç kişini memnun olduğudur. Ve bu tabloya baktığımızda memnuniyet oranı oldukça düşüktür. Bu nedenle en iyi hizmeti sunan Konya nakliyat firmaları ile müşterileri buluşturmayı kendimize görev edindik. Ve bunun takipçisi olmamız gerektiği kanaatine vardık. Konya evden eve nakliyat alanında sağladığımız bu kolaylıklar müşteriler tarafından gayet hoş şekilde karşılandı. Yaptıkları yorumlar sayesinde görüşlerini bildirerek bir sonraki müşterilere yardımcı olmayı başardılar. Ve biz diyoruz ki Konya nakliyat hizmetine ihtiyaç duyan kişiler bünyemizde yer alan Konya nakliyat firmalarımızdan teklif almadan karar vermesin.

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  76. Mersin nakliyat ile taşınmalar pürüzsüz şekilde yerine getiriliyor. Hem de bunu sağlayan tek bir firma yok. Onlarca firma Mersin nakliyat sektöründe görev yapmaktadır. Bizler nakliyat platformumuz sayesinde en iyi Mersin nakliyat firmalarını bünyemiz altında toplayarak müşterilerin işlerini kolaylaştırdık. Mersin evden eve nakliyat hizmeti almak isteyen müşteriler sitemiz aracılığıyla tek bir firmadan değil birçok firmadan anında nakliyat teklifi alabiliyorlar. Teklif sunan Mersin nakliyat firmalarının fiyatlarını karşılaştırarak tercih yapabiliyorlar. Bu sayede daha ucuza taşınmış olup sorunların yaşanmasına da engel olmuş durumdalar.

  77. Muğla nakliyat konusunda uzman ve Muğla evden eve nakliyat sektöründe fark yaratmış en iyi Muğla nakliyat firmalarını siz değerli müşterilerin daha kolay ve uygun fiyatlarla hizmet alması için bir araya getirmiş bulunuyoruz. Ayrıca yaptıkları işin her an takipçisi olarak çalışmaların düzgün şekilde yapılmasını sağlıyoruz. Muğla nakliyat her anlamıyla zorlu hizmetlerin en başında gelmektedir. Doğru strateji ile doğru karalar alınarak yapılması gerekir. Yoksa sorunlar kaçınılmaz büyüklükte ortaya çıkmaktadır. Bizler görev bilinci ve iş ahlakımızla tüm bunları eksiksiz yerine getiriyoruz.

  78. Kayseri nakliyat sektörünün öncü nakliyat firmalarını nakliyat platformumuz aracılığıyla bir araya getirdik. En iyi olarak bu bilinen bu firmalarla çalışmak çok güvenli olmaktadır. Müşteri istek ve taleplerine doğru çözümler bulmak adına hayata geçirdiğimiz bu uygulama tüm kullanıcılarını memnun etmiş durumdadır. Kayseri nakliyat konusunda uzman firmalarımız gerek en başında gerekse de iş bitişinde dahi destek sunmaktadırlar. Bu nedenle onlara güvenebilir ve eşyalarınızı hiç çekinmeden teslim edebilirsiniz. Kayseri evden eve nakliyat için anında bu firmalardan nakliyat teklifi alarak taşınmanızı kusursuz şekilde yerine getirin.

  79. Manisa nakliyat son zamanların en gelişmiş hizmetleri arasında yerini aldı. Bu duruma katkıda bulunanlarsa Manisa nakliyat firmalarının ta kendisidir. Büyük şehirlerle yarış halinde olan Manisa’nın gelişimi endüstriyel yükselişi olağan üstü seviyeye gelmiştir. Tüm bunlar hızla meydana gelirken Manisa evden eve nakliyat sektörünün bu durumdan aşağı kalması tabi ki beklenemez. Gerek açık pazar yük taşımacılığı olsun gerekse de evden eve nakliyat sektörü olsun Manisa nakliyat hizmetinin sağlanması için görev yapan nakliyat firmalarına oldukça fazla ihtiyaç duyarlar. Tamda burada biz devreye girerek Manisa da bulunan en başarılı kuruluşları bir çatı altında toplayarak gerek evden eve nakliye müşterilerin gerekse de nakliyeye ihtiyaç duyan firmaların taleplerine çözümler üretmekteyiz.

  80. Eskişehir nakliyat hizmeti bu şehirdeki insanlar tarafından oldukça önem verilen hizmetlerin başında gelmektedir. Eskişehir halkı anı dolu eşyalarının taşınma sırasında zarar görmesini asla istemezler. Bu nedenle Eskişehir nakliyat firması tercih ederken ince eleyip sık dokuma yoluna giderler. Ancak nakliyat firması tercih etmek için iyi bir araştırma yapmak gerekir. Buda zor sürecin başındaki en meşakkatli iştir aslında. Bizler müşterileri meşakkatli süreçten kurtarmak adına en iyi Eskişehir nakliyat firmalarını çatımız altında toplayarak yaşanan sorunlara son verdik. Eskişehir evden eve nakliyat talebinde bulunan tüm müşterilere birçok firmanın fiyat teklifini anlık olarak ileterek en uygunu tercih etmelerini sağladık. Eskişehir nakliyat alanında yaptığımız bu uygulama tamamen çağımızın gereklerine uyum sağlamaktadır. Taşınan kişilerden aldığımız teşekkürlerde bunun en büyük kanıtı durumundadır.

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  82. Trabzon nakliyat ve Trabzon evden eve nakliyat hizmeti sunan kurumsal nakliyat firmaları sizlere kaliteli hizmet sunmak için taleplerinizi bekliyor. Nakliyat platformumuz sayesinde birden fazla Trabzon nakliyat firmalarından anlık olarak nakliyat teklifi alabiliyorsunuz. Firmaların gerçek müşteri yorumları ve fiyat oranlarını karşılaştırarak doğru kararı verin. Taşınmanın zorluklarını kenara bırakarak eğlenceli bir nakliye sürecine imza atın. Her müşterinin hayalindeki taşınma için bizler üzerimize düşen görevi sorunsuz şekilde yerine getirmekteyiz. Sizlerde buna varsanız Trabzon nakliyat ihtiyaçlarınızda firmalarımızı tercih edin ve kolayca taşının.

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