Updated: September 6, 2020 9:30:58 am
Kesavananda Bharathi was 79 years old (Source: Wikimedia Commons)
Kesavananda Bharathi, whose legal struggle led to the historic decision outlining basic rights under the Constitution, he passed away this morning. The director of Edaneer Math in Kasargod in Kerala was 79 years old.
In 1973, Kesavananda had filed a case challenging the Kerala government’s attempts to impose restrictions on the ownership of the stray dog. In a slim majority of 7-6 votes, the bench of 13 judges ruled that while Parliament had “broad” powers, it cannot alter the basic structure of the Constitution. Since then, the basic structure doctrine has been considered a principle of Indian constitutional law.
Since then the ‘basic structure’ doctrine has been interpreted to include the supremacy of the Constitution, the rule of law, the independence of the judiciary, the doctrine of the separation of powers, federalism, secularism, the sovereign democratic republic , the parliamentary system of government, the principle of free and fair elections, the welfare state, etc. Critics of the doctrine have called it undemocratic, since unelected judges can overturn a constitutional amendment. At the same time, its advocates have hailed the concept as a safety valve against majoritarianism and authoritarianism.
The case ranks first for the longest hearing ever. He was heard by the largest Constitutional Court of 13 judges for 68 days. The hearing in the case began on October 31, 1972 and concluded on March 23, 1973.
In 2018, Kesavananda Bharati received the Justice VR Krishna Iyer award.
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