Keshavananda Bharathi Case

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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) (f) and 31 of the constitution. He prayed that the provisions of the Kerala Land Reforms Act, 1963 as amended by the Kerala Land Reforms (Amendment) Act, 1969 to be declared unconstitutional. Ultra Vires and void, on the ground that some of its provisions violated his fundamental rights.
During the pendency of the writ petitions, Parliament passed the three constitutional amendments, i.e., 24th , 25th and 29th Amendments. As the petitioner apprehended that he would not succeed in view of the above amendment he also challenged the validity of these amendments.
The Constitution (24th Amendment) Act amended Art. 368- Powers of parliament to amend the constitutionand procedure therefore . It enacted that Parliament may, in exercise of its constituent power, amend by way of addition, variation or repeal any provision of the constitution in accordance with the procedure laid down in that article. The other part of the amendment is that nothing in Arts. 13 shall apply to any amendment under Art. 368.
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The Constitution (25th Amendment) Act Amended Art. 31(2) and 31(2-A). Section 2 of the Amendment Act substituted the word “Amount for…...

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