Kesavananda Bharati Passes Away: Know All About Seer Who Helped Define Basic Rights Under Indian Constitution

In 2018, Kesavananda Bharati was conferred with Justice VR Krishna Iyer Award by the then Kerala Governor P Sathasivam.

In an unfortunate turn of events, Edneer Mutt seer Kesavananda Bharati passed away on Sunday at his ashram at Edaneer in Kasargod district of Kerala. The 79-year-old Hindu seer was the lead petitioner in the case which resulted in evolving the Basic Structure Doctrine in the Supreme Court. Often hailed as the saviour of the Constitution, Bharti had come to the light after he filed a property rights case in the Supreme Court to protect his temple against encroachment by the Kerala government. Bharati challenged the 29th Amendment Act 1972 of the Indian Constitution which included the Kerala Land Reforms Act, 1963 in the ninth schedule of the Constitution. In his petition, the seer questioned the Kerala government's move to take over the mutt property. Legendary lawyer Nani Palkhivala appeared for Bharati before a 13-judge bench. Then chief justice of India Sarv Mitra Sikri formed a 12-judge panel that ruled a wafer-thin 7-6 verdict that Parliament cannot alter the basic structure of the Constitution. Heard for about 68 days commencing on October 31 in 1972, the case concluded on March 23, 1972, and led to the evolution of the 'Basic Structure Doctrine'. Though the verdict brought no individual relief to the seer, it led to the formulation of an important constitutional doctrine limiting the amending powers of Parliament across India. The case is widely known as 'Kesavanand Bharati v. the State of Kerala' continues to be one of the historic verdicts announced by the Supreme Court. In fact, the lawyers to date often use the refrain 'As per the Kesavanand Bharati judgment' to win arguments over pressing matters related to India's politics and society. It is said that the verdict continues to protect the 'basic structure' of the Indian Constitution. In 2018, Kesavananda Bharati was conferred with Justice VR Krishna Iyer Award by the then Kerala Governor P Sathasivam.