Kesavananda Bharati Sripadagalvaru, the Kerala seer who stood for shielding the Constitution, has handed away. Bharati, whose property rights case within the Supreme Court in 1973 helped outline primary rights underneath the Constitution, breathed his final at his ashram in Edaneer in Kasargod district of north Kerala this morning. He was 79.
He had filed a case difficult the Constitution (twenty ninth Amendment Act, 1972, questioning the Kerala authorities’s transfer to take over the mutt property. The timing of his transfer was important because it got here across the time when the Indira Gandhi-led authorities had made modifications to the twenty fourth, twenty fifth, twenty sixth and twenty ninth amendments of the Constitution to get the courtroom to rule in favour of the federal government in financial institution nationalisation and privy purses circumstances.
Bharati’s case was fought by senior lawyer Nani Palkhivala. The then chief justice of India Sarv Mitra Sikri had fashioned a 12-judge panel to preside over the case. The Constitution bench dominated that Parliament canot alter the fundamental construction of the Constitution.
The case of Kesavananda Bharati vs State of Kerala continues to carry the highest spot for the longest listening to ever to have taken place within the apex courtroom. In 2018, Bharati was conferred the Justice VR Krishna Iyer award by the then Governor and Former CJI P Sathasivam.
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