UP CM Yogi Adityanath invokes religious leader to counter opposition's constitutional narrative.
In a strategic move amid the opposition's claims of the Constitution being under threat, Uttar Pradesh Chief Minister Yogi Adityanath has invoked the legacy of Kesavananda Bharati, the former head (Pontiff) of Edneer Mutt in Kasaragod district of Kerala. Bharati's historic petition in 1973 led to a landmark Supreme Court judgment that outlined the basic structure doctrine of the Indian Constitution and placed limits on the power of Parliament to amend the Constitution
Paying Tribute to a "Dynamic Leader"
On the fourth death anniversary of Kesavananda Bharati, CM Yogi Adityanath took to social media to pay tribute to the pontiff, hailing him as a "dynamic leader" and crediting him for "transformative works" in land reforms and playing a vital role in people's upliftment. "Humble tributes to the pioneer of 'Kerala Land Reforms', revered Kesavananda Bharati on his death anniversary...," Yogi posted on his X account
Kesavananda Bharati Case and the Basic Structure Doctrine
The Kesavananda Bharati case was rooted in the land reforms introduced in Kerala in the 1950s and 1960s. In 1963, the Kerala government passed the Kerala Land Reforms Act, which placed a limit on the amount of land that a person could hold and provided for the acquisition of excess land from landowners for distribution to the landless and the poor. In 1970, the Kerala government imposed restrictions on the ownership of land held by religious institutions, prompting the Edneer Mutt, headed by Bharati, to challenge the constitutionality of the Act in the Kerala High Court
The case eventually reached the Supreme Court, which ruled in favor of the state government. However, Parliament passed the 24th Amendment to the Constitution, seeking to curtail the powers of the judiciary and limit the scope of judicial review. The 25th and 29th Amendments were also passed, aiming to limit the fundamental rights of citizens and give Parliament the power to amend any part of the Constitution
Kesavananda Bharati then filed a petition challenging the validity of these amendments, arguing that they violated the basic structure of the Constitution. This led to the landmark Kesavananda Bharati judgment, which upheld the basic structure doctrine and placed limits on the power of Parliament to amend the Constitution
Countering the Opposition's Narrative
Experts point out that CM Yogi's invocation of Kesavananda Bharati is symbolic and falls in line with BJP's attempts to dispel the alleged "propaganda" peddled by the opposition during the recently held Lok Sabha elections. The opposition has been vocal about their concerns regarding the Constitution being under threat, and Yogi's statement serves as a direct response to these claims
Significance of the Kesavananda Bharati Case
The Kesavananda Bharati case is widely regarded as one of the most significant judgments in the history of the Indian judiciary. It established the basic structure doctrine, which holds that certain fundamental features of the Constitution cannot be altered by amendments. This doctrine has been used by the judiciary to strike down constitutional amendments that are deemed to violate the basic structure of the Constitution.
