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Kesavananda Bharti v/s State of Kerala [(1973)4 SCC 225


it is very landmark case of our indian constitution . Every body knows that  premble is the spirit of our indian constitution.firstly the question arise that can peamble be amended  by our constitution.
In Berubari's case AIR1960 SC845
Supreme court held that preamble was not part of our indian constitution.
Then In Kesavananda Bharati v.  State of Kerala [(1973)  supreme court held that preamble is also a part of our indian constitution.the prem ke was relief on in imposible implied limitation on the amending power of the parliament under article 368 of the constitution.
In that case it was held that the basic elements in the preamble be amended under article 368.
these amending powers can  not be used so as to destroy or damaged these basic feature mentioned in the preamble.
            
         What  is preamble
The preamble is the soul of our indian constitution.
The preamble to an act sets out the  main objectives which the legislation is intended to achieve.
                    The preamble declares
We the people of india having solemnly resolved to constitute india into a (sovereign socialist secular Democratic Republic)  and to secure to all its citizens.
Justice,social, economic,and political.
Liberty of thought, expression,belief,faith and worship.
Equality of status and of opportunity and to promote  among th all.
Fraternity assuring the dignity of the individual and the unity and the integerity of the nation,.
       In our cinstituent Assembly this twenty sixth day of November 1949 do hereby Adopt, Enact and Give to ourselves This constitution.
In 42nd Amendment 1973 the preamble has inserted three  new words in the preamble .
Secularism,socialism,and integrity.
Secularism means a state which does not recognize any state religion.it treats religions equally.
Socialism means implies social and economic equality. Social equality in this context means the absence of discrimination on the grounds only of caste, colour, creed, sex, religion, or language.
Integrity means to put an end to separatist tendencies and make people feel that every  part of india is their home.

                    24 April 2020

[In 24 April 2020  celebrating 47 years of the decision in Kesavananda Bharati v. State of Kerala, in which the Supreme Court of India laid down the 'Basic Structure Principle'].
Decision in Kesavananda Bharati v.  State of Kerala [(1973) 4 SCC 225] Here as the Supreme Court of India ("Court" is important), laid down the basic structure principle according to which any part of the Parliament can amend the constitution except for certain basic features.  As the decision was a major setback for the ruling government, which was trying tooth and nail to restrict the judiciary's overwatch, the results were bound to happen.
Two days after the decision in Kesavananda, Mrs. Indira Gandhi (then Prime Minister) decided to break a tradition of the Supreme Court, which had existed since the establishment of the court.  There is no provision in the Constitution regarding the appointment of the Chief Justice of India.  Since the founding of the Court, the senior-most judge was appointed as the Chief Justice of India, making it a convention of convention.

         History of This case

On 26 April 1973 (ie, seven-seven years from now), Mrs Gandhi broke the convention and appointed Justice Hegde, the senior-most judge of the court to appoint Justice AN Ray (a junior judge) as the Chief Justice of India.  Overthrown.  Justice Ray also dismissed Justice Shelat and Justice Grover, who were senior judges of the 2 nd and 3 rd and were to become the Chief Justice in due time.  The three Supreme Judges submitted their resignations in response.
It is believed that the session was in response to the decision in Kesavananda where three senior judges ruled against the government.                                          Justice Ray was chosen when he was seen as a government-friendly judge and the government believed that he 
could end the confrontation between the judiciary and the
government. Justice Ray reacted to his appointment saying,
'If I did
not accept the appointment then any other junior judge would have, I
did not hunker down for it'. This day was called the darkest day in
the history of democracy by Mr. CK Daftary (former Attorney
General of India).
Four years later, Mrs Gandhi's government broke the seniority
conference again and this time its victim was the great Justice HR
Khanna. In 1975, Mrs Gandhi imposed an emergency in India and in
response, many political leaders and other citizens were arbitrarily
detained by the government. These restrictions were challenged
and finally reached the Supreme Court in ADM Jabalpur v. Shivkant
Shukla (1976) 2 SCC 521. On behalf of the government, Attorney
General Niren D argued that the rights of citizens were suspended
along with their rights during the Emergency. Going to the courts. In
fact, during the hearing, Justice HR Khanna asked Mr. Dey "If a
police officer kills another person because of his personal enmity,
then there will be no remedy given his subordination?" D. replied "
Consistent with my argument, there will be no judicial remedy in such
a case as long as an emergency exists. "He further said,
" It may
shock your conscience, it is my conscience May shock but
consistent with my presentation, no action. May be taken in the court
 of law that score "is.
The Court agreed to the government's subordination with the 4-1
ruling and effectively held that a citizen had no right to approach the
court during an emergency. The only disagreement in this case was
that of Justice Khanna.
Disgruntled Justice Khanna was required to replace him as Chief
Justice of India as he was given the excuse by Justice MH Baig that
Khanna's tenure was too short. I have discussed in an article before,
that the architect behind these surpluses is not Law Minister, but
Steel Minister M. There was Kumaramangalam, the principal advisor
to Mrs Gandhi, who wanted to populate the court with judges.
Supporting government policies.
'the judges sitting in ivory palaces do not know about the real needs
and problems of the country'.
In light of that, India would have seen the first supersession as
Justice Patanjali Shastri. Pt. Nehru wanted to appoint Attorney
General MC Setalvad or Justice MC Chagla or Justice BK Mukherjee
as Chief Justice in place of Justice Shastri. However, when the
other six judges of the court heard about this, he threatened to
resign and the plan was abandoned. In 1954, Nehru wanted to hand
over Justice MC Mahajan, and appointed Justice BK Mukherjee as
the Chief Justice, although the Associate Judges threatened to
resign again and the idea was dropped.

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