Court: Supreme Court of India · Date: 24 April 1973 · Citation: (1973) 4 SCC 225
Bench: Thirteen-Judge Bench
Case
Kesavananda Bharati v. State of Kerala
Facts
Challenge to constitutional amendments affecting property and rights, heard by a historic 13-judge Bench, after earlier amending-power cases (Shankari Prasad, Sajjan Singh, Golaknath).
Legal issues
Can Parliament amend the Constitution so as to destroy its basic structure?
Law / provisions
Article 368; fundamental rights; basic structure doctrine.
Holding
Parliament may amend the Constitution under Article 368, but cannot abrogate its basic structure. Judicial review of amendments on basic-structure grounds was cemented.
Key takeaways
- Amending power is wide — not unlimited.
- Basic structure is the hard limit on constitutional change.
- Every later ‘basic structure’ challenge starts here.
Significance
The most cited structural judgment in Indian constitutional law.
Primary source
https://indiankanoon.org/doc/257876/
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Education desk note — Advocate Adesh Kumar — advadeshkumar.com
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