Saviour of India’s Democracy: The case of Kesavananda Bharati v. The State of Kerala

  • Athira R Nair
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  • Athira R Nair

    Student at School of Law, Christ University, India.

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Abstract

The case of Kesavananda Bharati, popularly known as the Fundamental Rights Case is an important case in the constitutional history of India wherein the Basic Structure Doctrine of the Indian Constitution was defined. This doctrine empowers the Parliament to amend the Constitution provided there is no change in the fundamental rights and other provisions that constitute its basic structure. In this case, the plaintiff Kesavananda Bharati, the chief of Edneer Mutt in Kasargod District of Kerala challenged a land reform legislation that infringed his right to property amongst other rights. This case is, without a doubt, one that will always have fame in the history of our country as the single-handed saviour of India’s democracy. Through this article, the writer aims to shed some light on this landmark case by way of a detailed analysis which includes a case background, issues, arguments of either side, judgment, and conclusion.

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Research Paper

Information

International Journal of Law Management and Humanities, Volume 4, Issue 6, Page 121 - 127

DOI: https://doij.org/10.10000/IJLMH.112219

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This is an Open Access article, distributed under the terms of the Creative Commons Attribution -NonCommercial 4.0 International (CC BY-NC 4.0) (https://creativecommons.org/licenses/by-nc/4.0/), which permits remixing, adapting, and building upon the work for non-commercial use, provided the original work is properly cited.

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