Justice Bhushan Ramkrishna Gavai, a judge of the Supreme Court of India, recently delivered a keynote address at the National University of Study and Research in Law (NUSRL), Ranchi, during the 'Justice S.B. Sinha Memorial Lecture.' This event commemorated the Golden Jubilee of the landmark case Kesavananda Bharati vs. State of Kerala, which is considered a pivotal moment in India's constitutional history.
Event Overview
The program commenced with a tribute from Justice Rongon Mukhopadhyay of the Jharkhand High Court, followed by the ceremonial lighting of the lamp. Vice-Chancellor Dr. Ashok R. Patil welcomed the guests, including high court judges and the family of the late Justice Sinha, highlighting the enduring respect for his contributions to the legal field.
Significance of the Kesavananda Bharati Case
In his address, Justice Gavai emphasized the importance of the Kesavananda Bharati case, which celebrated its 50th anniversary last year. He described it as the "greatest milestone in the constitutional journey of the country." He noted that the case remains vital even after five decades, stating, "It would be befitting his memory that we try to pay our tribute to authors of Kesavananda Bharati" .
Justice Gavai provided an overview of the Indian Constitution's history, detailing the challenges faced by the Constituent Assembly in crafting a document suitable for India's diverse population. He explained that the Kesavananda Bharati case arose from a challenge to the Kerala Land Reforms Act, which questioned the extent of Parliament's power to amend the Constitution.
Key Aspects of the Kesavananda Bharati Judgment
The Kesavananda Bharati vs. State of Kerala case was decided on April 24, 1973, by a 7-6 majority in the Supreme Court. The court established the basic structure doctrine, asserting that certain fundamental features of the Constitution, such as democracy, secularism, and the rule of law, cannot be amended by Parliament. The case involved a significant legal battle regarding the extent of Parliament's power to amend the Constitution, particularly concerning fundamental rights.
Background of the Case
Kesavananda Bharati, the chief pontiff of the Edneer Mutt in Kerala, challenged the constitutional validity of the 24th, 25th, and 29th Amendments to the Constitution, which aimed to limit judicial review and alter fundamental rights. The Supreme Court's decision clarified that while Parliament has the power to amend the Constitution, it cannot alter its basic structure.
Judicial Opinions
The judgment was delivered by a bench of 13 judges, with Chief Justice S.M. Sikri leading the majority opinion. The court ruled that the power to amend the Constitution is not absolute and that fundamental rights must be preserved. The dissenting judges argued against granting Parliament unlimited amendment powers.
Justice Gavai's Reflections
Justice Gavai reflected on the impact of the Kesavananda Bharati judgment in guiding the preservation of the Constitution's basic structure and promoting social and economic justice. He invoked Dr. B.R. Ambedkar's vision for social equity and highlighted India's progress in achieving these goals, noting significant advancements for women and marginalized communities.
Justice S.B. Sinha's Legacy
Justice Gavai also paid tribute to Justice S.B. Sinha, acknowledging his contributions to various branches of law and his balanced approach to capital punishment and life imprisonment. He described Justice Sinha as a "workaholic" who significantly influenced Indian jurisprudence during his tenure from 2002 to 2009.
Conclusion
Justice Gavai's address underscored the enduring significance of the Kesavananda Bharati case in shaping India's constitutional framework and the ongoing commitment to uphold the principles of justice and equality. He urged the legal community to embody these constitutional values in their daily lives, paying homage to Justice Sinha's legacy and the foundational ideals of the Indian Constitution. The event concluded with a vote of thanks from Assistant Registrar Dr. Jesu Ketan Patnaik, expressing gratitude to all attendees, particularly Justice Gavai for his insightful remarks.
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