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The Kesavananda Bharathi judgement or ''His Holiness Kesavananda Bharati Sripadagalvaru and Ors. v. State of Kerala and Anr.'' (case citation: (1973) 4 SCC 225) is a landmark decision of the Supreme Court of India that outlined the Basic Structure doctrine of the Constitution.〔(【引用サイトリンク】title=Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973 )〕 Justice Hans Raj Khanna asserted through this doctrine that the constitution possesses a basic structure of constitutional principles and values. The Court cemented the prior precedent ''Golaknath v. State of Punjab'' AIR 1967 SC 1643, which held that constitutional amendments pursuant to Article 368 were subject to fundamental rights review. The ''Basic Structure doctrine'' forms the basis of power of the Indian judiciary to review, and strike down, amendments to the Constitution of India enacted by the Indian parliament which conflict with or seek to alter this ''basic structure'' of the Constitution. The 13-judge Constitutional bench of the Supreme Court deliberated on the limitations, if any, of the powers of the elected representatives of the people and the nature of fundamental rights of an individual. In a sharply divided verdict, by a margin of 7-6, the court held that while the Parliament has "wide" powers, it did not have the power to destroy or emasculate the basic elements or fundamental features of the constitution. Although the court upheld the basic structure doctrine by only the narrowest of margins, it has since gained widespread acceptance and legitimacy due to subsequent cases and judgments. Primary among these was the imposition of the state of emergency by Indira Gandhi in 1975, and the subsequent attempt to suppress her prosecution through the 39th Amendment. When the Kesavananda case was decided, the underlying apprehension of the majority bench that elected representatives could not be trusted to act responsibly was perceived to be unprecedented. However, the passage of the 39th Amendment proved that in fact this apprehension was well-founded. In ''Indira Nehru Gandhi v. Raj Narain'', a Constitutional Bench of the Supreme Court used the basic structure doctrine to strike down the 39th amendment and paved the way for restoration of Indian democracy. The Kesavananda judgment also defined the extent to which Parliament could restrict property rights, in pursuit of land reform and the redistribution of large landholdings to cultivators, overruling previous decisions that suggested that the right to property could not be restricted. The case was a culmination of a series of cases relating to limitations to the power to amend the Indian constitution. ==Facts== In February 1970 Swami HH Sri Kesavananda Bharati, Senior Pontiff and head of "Edneer Mutt" - a Hindu Mutt situated in Edneer, a village in Kasaragod District of Kerala, challenged the Kerala government's attempts, under two state land reform acts, to impose restrictions on the management of its property. Although the state invoked its authority under Article 21, a noted Indian jurist, Nanabhoy Palkhivala, convinced the Swami into filing his petition under Article 26, concerning the right to manage religiously owned property without government interference. Even though the hearings consumed five months, the outcome would profoundly affect India's democratic processes.〔(KESAVANANDA BHARATI CASE | Legal Articles and Essays )〕〔(Kesavananda Bharati's Case | Arijit Pasayat, Ashok Bhan, Y.K. Sabharwal, S.H. Kapadia, C.K. Thakker, P.K. Balasubramanyan )〕〔(Kesavananda Bharati vs. State of Kerala )〕〔 〔(Extraordinary Case Study - Indian Express )〕 〔〔(Event - THE KESAVANANDA BHARATI CASE - LU November 2011 )〕〔(Kesavananda Bharathi case saved constitution )〕〔(Revisiting a verdict )〕〔(40 Years of Kesavananda Bharati! | subjudiced )〕 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Kesavananda Bharati v. State of Kerala」の詳細全文を読む スポンサード リンク
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