Kesavananda Bharati v State of Kerala (1973)

Administrative Law · Classification of Administrative Functions

Facts.

A math head challenged Kerala land-reform laws; the case became the vehicle for testing Parliament’s power to amend the Constitution, including provisions on fundamental rights.

Issue.

Can Parliament amend any part of the Constitution, or are there limits?

Held.

Parliament may amend the Constitution but cannot destroy or damage its basic structure. The rule of law, judicial review and separation of powers are part of that basic structure.

Why it matters.

It is the constitutional foundation of administrative law: it guarantees that judicial review and the rule of law can never be amended away, so the courts’ power to control the administration is permanent.

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