Kesavananda Bharati Case (1973)

Supreme Court Judgement:

• The Supreme Court overturned its previous decision in the Golak Nath cases (1967).

• It ruled that Parliament, exercising its constituent power under Article 368, possesses the authority to amend any provision of the Constitution, including those concerning fundamental rights.

• However, the court established an important limitation by asserting that the Parliament cannot alter the 'basic structure' of the constitution through amendments.

• The validity of the 24th Amendment Act (1971) was upheld, which introduced Clause (4) in Article 13 and Clause (3) in Article 368.

• Sections 2(a) and 2(b) of the 25th Amendment Act (1971) were deemed valid, while the first part of Section 3 was upheld, and the second part was declared invalid.

• Additionally, the 29th Amendment Act (1971) was validated by the court.

Impact of the Judgement:

• The judgement introduced the concept of the "basic structure" of the constitution, which serves as a limitation on the amending power of Parliament.

• Subsequent cases saw the Supreme Court expanding the list of elements considered part of the basic structure.

• As a consequence, the 42nd Amendment Act (1976) was enacted, granting Parliament extensive authority to amend the constitution without limitations or controls.