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ANIL KUMAR M P MULAYANIL   15 December 2019

s c case

who won in the famous keshavananda bharat case?


Learning

 2 Replies

K Rajasekharan (Advocate)     15 December 2019

The case named after Keshavanand Bharati was in fact a set of cases in which the basic question raised and decided was the power of Parliament to amend the Constitution. It was a case between the forces behind the then government in power headed by Mrs Indira Gandhi and the other forces opposing them. There was definitely a politically oriented divide in the case and even among judges. The case was heard by the largest bench of thirteen ever India had in history. It was dominantly argued by Nani Palkhivala, noted for exemplary oratory and opposed by equally eminent advocates such as M C Setalvad and the argument lasted for around sixty seven days. In fact, the case was substantively a challenge between the Indian Parliament and Indian Judiciary in which the judiciary got an upper hand and decided that Parliament has no unlimited authority to amend a constitutional provision in such a way it alters the basic structure of it, which in fact will be finally decided by the court in a discretionary manner in each situation.
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TGK REDDI   16 December 2019

The Reply of Shri K, Rajasekharan enlightens me.

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