We are bound by the verdict in Keshavananda Bharati case: SC

Subject: Polity

Sec: Constitution

Current Legal Context:

The ongoing case involves 16 petitioners, including the Property Owners Association (POA) of Mumbai, challenging the Maharashtra Housing and Area Development Act’s Chapter VIII-A.
The case’s outcome may redefine property rights vis-à-vis state control under DPSPs, following the Court’s interpretation of the basic structure doctrine and Article 31C’s applicability.

Recent Supreme Court Observations (9-Judge Bench led by Chief Justice DY Chandrachud):

Reaffirmed the Court’s subservience to the historic 13-judge bench ruling in the Kesavananda Bharati case.
Discussed the ongoing legal debate about whether private properties can be considered “material resources of the community” under Article 39(b) of the Constitution, allowing the state to expropriate them for the “common good.”

Kesavananda Bharati Case (1973):

The Supreme Court affirmed the “basic structure” doctrine, which limits Parliament’s power to amend the Constitution.
Upheld the constitutionality of Article 31C, which protects amendments related to the Directive Principles of State Policy (DPSP) that do not alter the Constitution’s basic structure from judicial review.

What Constitutes the Basic Structure of the Constitution?

The Supreme Court is yet to define or clarify as to what constitutes the ‘basic structure’ of the Constitution.
At present, from the various judgements, the following have emerged as some of the ‘basic features’ of the Constitution or elements of the ‘basic structure’ of the constitution-
- Supremacy of the Constitution
- Sovereign, democratic and republican nature of the Indian polity
- Separation of powers between the legislature, the executive and the judiciary
- Judicial review
- Parliamentary system
- Rule of law
- Principle of equality
- Free and fair elections
- Independence of Judiciary
- Limited power of Parliament to amend the Constitution

Minerva Mills Case (1980):

Overturned two provisions of the 42nd Amendment which:
- Prohibited courts from questioning any constitutional amendment.
- Prioritized DPSPs over individuals’ fundamental rights, both deemed unconstitutional.
Led to questions about whether the original, un-amended version of Article 31C, which was upheld in the Kesavananda case, remains valid while the expanded version post-42nd Amendment is not.

Article 31C of the Indian Constitution:

Article 31C was inserted by the 25th Amendment Act of 1971. It contained provisions related to the saving of laws giving effect to certain directive principles. It contains the following provisions:
- No law that seeks to implement all or any of the directive principles specified in Part IV shall be void on the ground of contravention of the fundamental rights conferred by Article 14 (equality before law and equal protection of laws) or Article 19 (protection of six rights in respect of speech, assembly, movement, etc.)