New Delhi, April 24 (). The Supreme Court on Monday celebrated the 50th anniversary of its landmark 1973 judgment in the Kesavananda Bharti case on the doctrine of basic structure by releasing a webpage containing all the material regarding the judgment.
In the morning Chief Justice D.Y. Chandrachud informed the lawyers present in the court that the administration has dedicated a special web page to pay tribute to the landmark verdict in the Kesavananda Bharti case.
He said, today is the 50th anniversary of the Kesavananda Bharti case. We have dedicated a web page with all the opinions, written submissions and everything related to the matter for all the researchers, students and others to view it…
In 1973, the Apex Court in its judgment firmly established that the Parliament does not have absolute power to amend the Constitution. It said that there are some basic features, which cannot be changed. The bench that decided the Kesavananda Bharti case comprised the then CJI SM Sikri and Justices JM Shelat, KS Hegde, AN Grover, AN Ray, B Jaganmohan Reddy, DG Palekar, HR Khanna, KK Mathew, MH Baig, SN Dwivedi, AK Mukherjee and Y. .V. Chandrachud were involved.
The 13-judge bench, by a majority of 7:6, held that in a check on the executive and legislative powers of the government, Parliament can amend any part of the Constitution, but cannot tamper with its basic structure. Earlier this year, Vice President Jagdeep Dhankhar had questioned the historic 1973 Kesavananda Bharti case verdict. He said that it has set a wrong precedent.
Delivering the 18th Nani Palkiwala Memorial Lecture in Mumbai in January this year, Chief Justice Chandrachud said it was a ground-breaking judgment that guides judges like the North Star in the interpretation and implementation of the Constitution. He noted that various formulations of basic structure theory have now emerged in South Korea, Japan, and some Latin American and African countries.
KC/SGK
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