Remembering Keshavananda Bharathi Case in its 41st Birth day; Justice K.T.Thomas
Every Student of Law in India should be told even during the beginning of his legal education about two decisions which, according to me, veritably saved the Indian Constitution. The first is Keshavananda Bharathi case, and the second is Maneka Gandhi case. The first is a pre emergency decision rendered during the reign of Indira Gandhi. A powerful executive succeeded in bringing...
Every Student of Law in India should be told even during the beginning of his legal education about two decisions which, according to me, veritably saved the Indian Constitution. The first is Keshavananda Bharathi case, and the second is Maneka Gandhi case. The first is a pre emergency decision rendered during the reign of Indira Gandhi. A powerful executive succeeded in bringing the Parliament under its thump and both the Parliament and the executive joined together to bring under its control every other institution created by the constitution. A legal fight followed and the Supreme Court held that Parliament is not supreme; but the Constitution is higher and supreme and hence Parliament cannot change the Constitution through its amending powers in such a way as to mutilate its basic features.
In the counter arguments made by H. M. Seerwai, he tried to meet the points raised by Palkiwala by contending thus:- “You cannot presume that members of parliament would loose their balance. You have to presume that Parliament would always be sane”. He described every Member of Parliament as elected by the people and hence sobriety and responsibility must be attributed at least to a vast majority of them. He argued that since no responsible parliament would even think of making amendments in the manner feared by Palkhiwala, there is no need to answer the questions posed by him.
Indira Gandhi who hated the decision (because during those days the Parliament was under her control) began the operation to get it annulled. She virtually compelled four of the seven judges who formed the majority to step down from the Supreme Court. Of course one of them (Chief Justice Sikri) had retired next day. Others had to resign to save their self respect. When those strong and fearless judges stepped down from the Supreme Court, Indira Gandhi immediately moved the Supreme Court challenging the verdict of the majority by filing a petition to review that decision.
From the NUALS Convocation Address
Published with the permission of Justice K.T.Thomas