*HIS HOLINESS KESAVANAND BHARATI SRIPADAGALVERU* V/S *STATE OF KERALA and UNION OF INDIA* BY RAVI KUMAR DIO

 *HIS HOLINESS KESAVANAND BHARATI SRIPADAGALVERU*
                  V/S 
*STATE OF KERALA and  UNION OF INDIA* 

♦️If you are a law aspirant then you must remember the date 24 April, 1973 not only for the birthdate of Sachin Tendulkar but also on the same date this remarkable case was decided, which has been playing a great role between Judiciary and Parliament from then till today.

_*Case Which maintained the Supremacy of the Constitution Remembering His Holiness Kesavanand Bharati V/s State of Kerala and Union of India.*_

         

🔸Exactly 48 year ago on 24th of April 1973 , 13 judges of the Hon'ble Supreme Court delivered most important judgment in its History which was pivotal in upholding the Supremacy of the Constitution of India.

       Main issue before Honourable Supreme Court in Kesavanand Bharati case was 

_“ whether there are any implied limitation on power of parliament to amend the constitution or not”_

🔸Contention of the Government was there are no limitation on power of the parliament to amend the Constitution and Contention of Petitioner  was that there are implied limitation on power of parliament to amend the constitution. 

🔹13 judges bench of Honourable Supreme Court presided over by Chief Justice of India Justice Sikri Commenced hearing His Holiness Kesavanand Bharati Case on 31st October 1972 which was abruptly stopped on 23rd of march 1973 and judgment was delivered on 24th April 1973.

🔹Battery of Senior Counsel appeared in the case.

Kesavanand Bharati was Represented by Nani Palkhivala ,  Senior Counsel H.M. Sheervai represented State of Kerala and Union of India was represented by Attorney General Niren De.

🔸The case was heard for 66 days between 31st October 1972 to 23rd March 1973 and Government made every effort to reverse the Golak Nath Judgment Judicially and Extra – Judicially.  During the hearing of this 66 days there was tension between Counsel and Court and between Rival counsels. 

🔸On 24th April 1973 Hon'ble Supreme Court in its 703 pages judgment, by majority of 7:6, held that Parliament can amend the Constitution subject to Basic structure of Constitution.

🔹 The Chief Justice of India Justice Sikri retired on 25th April 1973. Immediately after Judgment of Kesavanand Bharati Government Superseded three senior most judges of the Supreme court - Justice Shelat , Justice Hegade and Justice Grover , who decided in favour of the Basic structure of Constitution and in short against the Government , and appointed A.N. RAY (4th senior most Judge of Supreme court )as a next chief Justice of India who decided in favour of Government. Thereafter 3 senior judges of the supreme court resigned from the post. 

🔹Government later made serious attempt to overrule Kesavanand Bharati case by a review it by another 13 judges bench of the Supreme court presided over by Chief Justice of India Justice A.N. Ray on   10th to 12th November 1975 during the continuance of Emergency. Nani Palkhivala strongly opposed the review on 10th and 11th Nov. 1975  which lead Chief Justice of India Justice A.N. Ray  to dissolved bench on 12th Nov. 1975. 

 Government again tried to nullify Kesavanand Bharati Judgment by introducing 42nd Amendment and by amending article 368 which was again challenged before Supreme court of India at the instance of Nani Palkhivala in Minerva Mills case. Nani Palkhivala who was appointed as Ambassador to the United States by Janata Government resigned from the post and came back to India to argue Minerva Mills case which again maintained the Supremacy of the Constitution and Basic Structure of the  Constitution. 

🔹Nani Palkhivala was offered a direct Supreme court  judgeship around 1963 /1964 which he declined. Had he accepted it , he might have become chief Justice of India between 1971 and 1985 which is longer term served by any chief justice of India till date.  

🔹Nani Palkhivala died on 11th December 2002. Kesavanand Bharati died on 6th September 2020

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