The Constitutional Quicksands of Kesavananda Bharati and the Twenty-Fifth Amendment, 1974
Scope and Contents
The Upendra Baxi Collection is a digital collection that currently comprises a single series, Bibliography. This series is organised into several subseries, including Published Academic Articles, Published Book Chapters, Published Books, Published Book Reviews, Published Lectures and Presentations from Conferences and Seminars, Newspaper Articles, Letters and Correspondence (Mathura Rape Case), Other Media, and Media Articles by Others on the Mathura Rape Case.
Dates
- Publication: 1974
Creator
- Upendra Baxi (Author, Person)
- Sharunya (Archives Intern, Person)
- Meghashree Dev (Processing Archivist, Person)
Full Extent
From the Collection: 250 Megabytes
Language of Materials
English
Abstract
Upendra Baxi's article, "The Constitutional Quicksands of Kesavananda Bharati and the Twenty-Fifth Amendment," in Supreme Court Cases Journal (1974), analyzes the landmark Kesavananda Bharati case (1973) and its impact on India's Constitution, particularly the "Basic Structure Doctrine," arguing Parliament can amend but not destroy the core constitutional identity, while scrutinizing how the controversial 25th Amendment (giving primacy to Directive Principles over some Fundamental Rights) fit into this shifting legal landscape, highlighting the tension between legislative power and judicial review. Baxi examines the complexities and contradictions, suggesting the judgment, while affirming Parliament's amending power (unlike Golak Nath), introduced judicial activism and the nascent "Basic Structure," creating both a safety valve for socio-economic change and potential for judicial overreach, making the constitutional framework more fluid yet contested. Published in the Supreme Court Cases Journal Vol. 1 No. 45.
Topical
Repository Details
Part of the NLS Law and Society Archives Repository