Keshavanand Bharati was challenging the 1969 Land Reforms enacted by the communist C. Achuta Menon government which had affected his Mutt. Under the reforms, the Edneer Mutt lost a large chunk of its property, which contributed to its financial woes.The 13-judge bench concluded with a 7-6 majority that the Constitution’s ‘basic structure’ is inviolable and cannot be altered by the Parliament. While the court itself did not define what this basic structure meant, it cited the following to be included in this basic structure.
Supremacy of the Constitution;
Republican and Democratic forms of Government.
Secular character of the Constitution;
Separation of powers between the Legislature, the executive and the judiciary;
Federal character of the Constitution.
The judgement read, “the above structure is built on the basic foundation, i.e., the dignity and freedom of the individual. This is of supreme importance. This cannot by any form of amendment be destroyed.”
Proponents of the basic structure doctrine consider it to be a safety valve against majoritarian authoritarianism. Without it, it is plausible that Indira Gandhi’s 1975 Emergency could have had far more deleterious effects on the health of Indian democracy.