Kesavananda Bharati v State of Kerala (1973)

Constitutional Law II · Amendment & Basic Structure

Facts.

A Kerala mutt head challenged State land-reform laws and the 24th, 25th and 29th Amendments, which had been passed to give Parliament unlimited power to amend the Constitution, including fundamental rights.

Issue.

Is Parliament’s power to amend the Constitution under Article 368 unlimited, or are there implied limits?

Held.

By a 7–6 majority, a thirteen-judge Bench held that Parliament can amend any provision of the Constitution, but cannot alter or destroy its “basic structure or framework.” Golak Nath was overruled, but a new, deeper limit was created.

Why it matters.

It is the foundation of modern Indian constitutional law — the ultimate check that no amendment, however large the majority, can convert India into a system contrary to the Constitution’s essential identity.

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