Kesavananda Bharati, key petitioner in case that led to 'basic structure' of Constitution doctrine, dies

PTI Updated - December 06, 2021 at 10:17 AM.

The Edaneer mutt seer challenged a Kerala Land Reform Act nearly four decades ago set the principle that the Supreme Court is the guardian of the basic structure of the Constitution and the verdict involved 13 judges the largest bench ever to sit in the apex court.

A file photo of His Holiness Kesavananda Bharati, whose landmark case in the Supreme Court led to the framing of the 'Basic Structure' doctrine in constitutional law, at Kozhikode Government Law College.

Kesavananda Bharati, a petitioner in a case that led to the Supreme Court evolving the celebrated doctrine of the basic structure of the Constitution, died here on Sunday.

Police said the 79-year old Kerala-based seer Kesavananda Bharati Sripadagalvaru died at the Edaneer Mutt here due to age-related ailments.

“As per the information with us, he passed away at around 3.30 AM on Sunday,” police told PTI.

The case in which Bharati had challenged a Kerala Land Reform Act nearly four decades ago set the principle that the Supreme Court is the guardian of the basic structure of the Constitution and the verdict involved 13 judges the largest bench ever to sit in the apex court.

 

The case of Kesavananda Bharati vs the State of Kerala was heard for 68 days and continues to hold the top spot for the most prolonged proceedings ever to have taken place in the supreme court.

The hearing in the case commenced on October 31, 1972, and concluded on March 23, 1973, and it’s the most referred to case name in Indian Constitutional law.

When asked about the importance of the verdict, former Judge of Madras High Court Justice K Chandru told PTI: “The Kesavananda Bharati case is significant for its ruling that the Constitution can be amended but not the basic structure.”

Vice President condoles death

Vice President M Venkaiah Naidu on Sunday condoled the death of Edaneer mutt seer Kesavananda Bharati, describing him as a rare blend of philosopher, classical singer and a cultural icon. The seer, Naidu recalled, is best known for his role in the landmark Supreme Court judgement which held that the basic structure of the Constitution couldn’t be altered.

“His patronage of Yakshagana was crucial in reviving this traditional theatre form in Karnataka,” the Vice President Secretariat tweeted quoting Naidu.

“In his passing, we have lost one of our prominent spiritual leaders. His life will be a guiding light for future generations. Om Shanti,” the vice president said

Home Minister Amit Shah's message

Union Home Minister Amit Shah on Sunday condoled the death of Swami Kesavananda Bharati and said he would always be remembered as an icon of Indian culture for his rich contribution to safeguarding the country’s tradition and ethos.

“Passing away of a great philosopher and revered seer, Swami Kesavananda Bharathi ji is an irreplaceable loss for the nation. He will always be remembered as an icon of Indian culture for his rich contribution to safeguard our tradition & ethos. My condolences with his followers,” Shah tweeted.

Published on September 6, 2020 10:07