This website uses cookies to ensure you have the best experience. Learn more

Keshavananda Bharathi Case Essay

1222 words - 5 pages

Kesavananda Bharati v. The State of Kerala and Others (AIR 1973 SC 1461)

Case decided : Supreme Court of India.
FACTS:
BRIEF: This case popularly known as ‘fundamental rights case’. In this case the petitioners has challenged the validity of the Kerala Land Reforms Act 1963.But during the pendency of the petition the Kerala Act was amended in 1971and was placed in the Ninth Schedule by the 29th Amendment Act. The petitioners were permitted to challenge the validity of 24th, 25th and 29th amendment to the constitution.
A Writ petition was filed by the petitioner on March 21, 1970 under Art. 32 of the Constitution for enforcement of his fundamental rights under Arts. 25, 26, 14, 19(1) ...view middle of the document...

19(1) to a law under Art. 31(2). It was also made clear that no such law shall be called in question in any court on the ground that the whole or any part of such amount is to be given otherwise than in cash. Section 3 Introduced new Art. 31-C.It the policy of the State towards securing the directive principles in C1. (b) or (c) of Art. 39 and no such law could be questioned on the ground that it took away or abridged any of the rights conferred by Arts. 14, 19 & 31. Further, the amendment laid down that “no law containing a declaration that it is for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy. The provisions of the article were not to be applied to a law made by the legislature of a Sate unless such law received the assent of the president.
The constitution (29th Amendment) Act included the Kerala Land Reforms Acts in the Ninth Schedule to the Constitution making them immune from attack on the ground of violation of the fundamental rights. The petitioner challenged the validity of the three Constitution Amendment Acts.
ISSUES RAISED AND ARGUMENTS MADE:
* Alter the constitution's 'basic structure' – Amenability of constitution
* Validity of the Kerala Land Reforms Act 1963
* Whether land laws challenged by way of writ petition are in consonance with Article 31-C of the constitution.
* The counsel for the petitioner urged that though the power is wide but it is not unlimited. Power to amend under Art. 368 does not empower the parliament to destroy the basic features of the Constitution or abrogation of the Constitution.
* On behalf of the Union and the States, it was contended that the power to amend is wide and unlimited. It is not fettered with any kind of the implied or inherent limitation.
DECISION OF THE COURT:
-------------------------------------------------
The Supreme Court reviewed the decision in Golaknath v. State of Punjab*, and considered the validity of the 24th, 25th, 26th and 29th Amendments. The case was heard by the largest ever Constitutional Bench of 13 Judges. The Court held, by a margin of 7-6, that although no part of the constitution, including fundamental rights, was beyond the amending power of Parliament (thus overruling the 1967 case), the "basic structure of the Constitution could not be abrogated even by a constitutional amendment".
-------------------------------------------------

-------------------------------------------------

*Golaknath v. State of Punjab a bench of eleven judges of the Supreme Court deliberated as to whether any part of the Fundamental Rights provisions of the constitution could be...

Other Papers Like Keshavananda Bharathi Case

A Heart Of Darkness Essay

1748 words - 7 pages In this short story, there are frequent significant subject and ideas that make the story, "A Heart of Darkness," by Joseph Conrad, and haunting novel. The main theme is absolute white power over the natives. The theme validates the corruption, and the dependence caused by the white people as they took over the Congo. White men were giving all the power; they had no self-control, and in the end they did not use wisely. The white men became

The Aspects Of Vulnerability Among The Exploited In Medical Research

2287 words - 10 pages proceeding examples. The Willowbrook Hepatitis Studies was a case in which individual rights were severed and respect for one’s autonomy was lost. In 1947, in Staten Island, NY, Willowbrook was opened. Willowbrook State School was a state-funded institution for developmentally disabled children intended to accommodate approximately 4,000. By 1965, that number reached a population high of about 6,000. This high population mixed with a short staff led

The Hitchhiker’S Guide To The Galaxy

1171 words - 5 pages The Hitchhiker’s Guide to the Galaxy As the human race makes life-changing discoveries, it is made apparent that there is always more to learn as the universe, instead of becoming familiar, is becoming absurd. The Hitchhiker’s Guide to the Galaxy, written by Douglas Adams, as well as the 2005 film adaption, portrays absurdity to be an all-encompassing system in the universe. Through the introduction and attempt to understand lack of reason, the

The Ford Motor Company Wage Increase Of 1914 And The Theory Of Incentives And Efficiency Wages

1252 words - 6 pages doubling these wages can only be justified if, in some other way, it generates an equal or superior amount of value (either through a better product, lower costs, or both). According to the theory of incentives and efficiency wages, this is indeed the case, and Henry Ford even asserted that this decision was one of the best-cost cutting judgements they ever made (Raff and Summers 1987). This paper will outline the history of Ford Motor’s 1914

Historical Analysis Of The Economical Breakthroughs Of The Industrial Revolution

1396 words - 6 pages revolution, capitalism was used as the dominant form of economy in England. This helped England’s economy become consistent and organized throughout the country. However, it also posed certain, significant, problems. In order for the perfect capitalism to be achieved, every citizen had to begin equal. This was not the case, as many descendants of nobility and very early entrepreneurs started England's switch to capitalism with a lot more money than most

Leadership Portrayed in Monologue from Shakespeare’s Henry V

1214 words - 5 pages for their family and their country’s reputation. (Jacqueline and Milton, 2012)In real life case, a successful leader usually has good communication skill when talk to followers, people cannot influence their team members without connect communication to them. Language is a most powerful tool used by leader to manage and influence people in different industries. (Seargeant, 2009) Henry’s speech with unlimited energy and confidence, he cheers up

Cuba Civil Rights

1906 words - 8 pages Oct 2013. "World Report 2013 Cuba."Human Rights Watch.Human Rights Watch, 2013.Web. 14 Oct 2013. Wylie, Lana. "The Special Case of Cuba."International Journal 67.3 (2012): 661-84. ProQuest.Web. 9 Oct. 2013. "2012 Human Rights Reports: Cuba." U.S Department of State Diplomacy in Action.Bureau of Public Affairs, 19 04 2013.Web. 14 Oct 2013.

US Freight System

1273 words - 6 pages “Free Riders” are part of the business. When the Supreme Court decides a case that NITL has analyzed and promoted from the beginning, that decision applies across the land, everyone benefit from it. Bruce J. Carlton The League members pay a membership due every year, and they expect as a return a benefit, and whenever NITL accomplish goals, its members benefit but all the other shippers benefit as well. This is a threat that open the door

Democratic Peace Theory

1852 words - 8 pages the United States against the USSR as an example of how emotions almost destroyed two nations. People were spying on their own family members out of fear of being branded a communist and the fear of nuclear annihilation was ever present danger that children were doing drills in case of nuclear fallout. Had it not been for Gorbachev assuming power in Russia and letting his people see what freedom was about through his policies, we would not be here

Booker T. Washington

1621 words - 7 pages “Success is to be measured not so much by the position that one has reached in life as by the obstacles which he has overcome” –Booker T. Washing. Booker Taliaferro Washington was born in Hale’s Ford, Virginia on April 5th, 1856 to Jane Burroughs and an unknown White man. Washington was married three times. His first wife was Fannie N. Smith from Malden, West Virginia. Booker and Fannie were married in the summer of 1882 and had one child

Corn, Broccoli, Grass Or Balanced

2611 words - 11 pages animals are provided with opportunity to articulate their characteristic form of life, and ultimately be happy. To fix something, you have to un-break it. In the case of the industrial food system, where it tried to fix or advanced the nature confided food system that was and still is if giving the opportunity very functional. The side effects of the modern food system have been lethal to the environment, with CAFOs and feedlots driving this train

Related Essays

Freedom And Responsibility Essay

2141 words - 9 pages amendment is “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercises thereof” (Jordan, 1999). Therefore, the first amendment states citizens have freedom of religion and exercises of the religion. The article entitled “Lawsuit alleges FBI violated Muslims’ freedom of religion,” published by Jerry Markon, Washington Post Staff Writer, justifies the detailed case of the FBI surveillance targeting Muslims for

Hate Crime Laws Essay

2348 words - 10 pages Death of James Byrd”). While this particular case may give the appearance that perpetrators of hate crimes receive appropriate punishment, almost a decade later, one particular case demonstrates the inequity in the application of hate crime punishments: In 2007, Sean Kennedy of Charleston, South Carolina, left a bar around 3:45 am and was confronted by Stephen Moller, who called him a “faggot” and then punched him so hard in the face that his

Rational Emotional Behavior Therapy Case Study Conceptualization And Treatment Plan

2140 words - 9 pages Rational Emotional Behavior Therapy Case Study of Sarah: A Conceptualization and Treatment Plan Rational emotive behavior therapy, REBT, was developed by Albert Ellis and holds the central belief that the events in our lives do not cause our disturbances but that they are instead caused by our view of the events (Murdock, 2009). Murdock (2009) states that “people are seen as responsible for their behavior” (p. 279) but, because they are

Holidays In Albania Essay

1636 words - 7 pages Have you ever thought about having exciting and incredibly cheap vacations? Albania might be the right choice. According to My Travel Guide, Albania is ranked the fourth among ten places worth visiting in Eastern Europe (“Top 10 Eastern European Destinations”). One can encounter three kinds of vacations in this Mediterranean country: winter, summer, and cultural. The ideal places to spend your winter vacations are the Albanian Alps. They are