Kesavananda Bharati Judgment Paved Way For Economic & Social Justice : Justice BR Gavai

Justice Bhushan Ramkrishna Gavai, judge of the Supreme Court, recently delivered a keynote address at the National University of Study and Research in Law (NUSRL), Ranchi, during the 'Justice S.B. Sinha Memorial Lecture, commemorating the Golden Jubilee of the landmark case "Kesavananda Bharati vs. State of Kerala." The program began with a solemn tribute by Justice Rongon Mukhopadhyay of the Jharkhand High Court, followed by the ceremonial lighting of the lamp. The Vice-Chancellor of NUSRL, Dr. Ashok R. Patil, welcomed the distinguished guests, including high court judges and the family of the late Justice Sinha. Justice Sinha's wife, Utpala Sinha, and his sons, Abhijit and Indrajit Sinha, were present at the event, underscoring the personal and professional respect that the legal community continues to hold for Justice Sinha.Kesavananda Bharati case greatest milestone in the constitutional journey of IndiaJustice Gavai in his address highlighted the significance of the Kesavananda Bharati vs. State of Kerala–case which celebrated its golden jubilee last year, calling it the "greatest milestone in the constitutional journey of the country". "It would be befitting his memory that we try to pay our tribute to authors of Kesavananda Bharati which even after 50 years of laying down thereof...is the most important judgment that this country will cherish," the judge said. On the history of the framing of the Indian Constitution and amendments made prior to 1973 Justice Gavai said that the constituent assembly comprised of people from various walks of life, including people belonging to different ideologies. "For a country like India which has vast diversities-geographical, social, it was difficult to chart out a Constitution suitable for one and all. By a herculean task, deep labour put in for a period of more than 2 and a half years we adopted our constitution on November 26, 1949 and brought into effect on January 26, 1950," he said. Justice Gavai thereafter explained the constitutional history–right from its enactment, the amendments made, as well as the cases challenging the same resulting in judgments, leading up to Kesavananda Bharati, regarding challenging to the Kerala Land Reforms Act. "13 judges bench heard the matter a long time and then the bench was virtually split. The basic argument was regard to amending power of constitution.Six judges under the leadership of Chief Justice Sikri and five others held that the parliament's powers to amend the Constitution were not unlimited there were inherent limitations in the power of the parliament to amend the Constitution. The parliament had no right to abridge or take away or abrogate any of the fundamental rights by the amendment to the Constitution. However Justice AN Ray and five others took a view that powers of the parliament to amend the Constitution were unlimited there were no limitations on the amending power of the Constitution and the Parliament also had had a power to amend the Constitution which abridges takes away or abrogates the fundamental rights of the citizens. However it is the view of Justice H R Khanna which partly supported view of Justice Sikri and partly supported the view Justice AN Ray and others which is now the view of Kesavanada Bharati," Justice Gavai said. Speaking on Justice Khanna's view, Justice Gavai said, "Justice Khanna held that the term Amendment postulated that the parliament has no power to Tinker with the basic structure of the Constitution it cannot amend the parliament so that it takes away the basic structure of the Constitution but however he held that the fundamental rights were not the part of the basic structure of the Constitution and the Parliament also had a power to amend the Constitution in a manner that it takes away the fundamental rights of the citizens. It was held that the power under article 368 was not controlled by Clause 2 of Article 13 and it is this view of the Kesavananda Bharati which still holds Good even after the Journey of 50 years and 75 years of our constitution. Though Kesavananda Bharati did not specify as to what shall be the basic structure of the Constitution because it will all depend upon the circumstances and facts it culled down various factors or various issues which could be considered to be a part of the basic structure". Some of these, Justice Gavai highlighted–as culled out in the various judgments of the case as there were various judgments authored by the various judges– are, supremacy of the Constitution, the secular nature of the Constitution, separation of executive, legislature and judiciary, maintaining unity and integrity of the nation, securing the dignity of the individual, building an egalitarian society and parliamentary democracy. He further said that in this case the Supreme Court had clearly held that "fundamental rights and directive principles together are the soul of the Constitution". "It held that fundamental rights though provide the basic human...

Kesavananda Bharati Judgment Paved Way For Economic & Social Justice : Justice BR Gavai

Bhavya Singh

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