Kesavananda Bharati, Man Behind Landmark SC Judgment, Dies in Kerala's Kasaragod at 79

Thiruvananthapuram: Kesavananda Bharati, the seer who was hailed by many as the ‘saviour’ of constitution, passed away at 79 in the early hours on Sunday at his Edaneer Mutt in Kasaragod in Northern tip of Kerala.

Kesavananda Bharati’s case is known as a landmark case and many legal luminaries hailed him as the saviour of the Constitution.

Bharati, was the man behind the famous ‘Kesavananda Bharati v/s state of Kerala’, one of the most quoted references in the law circles as the case of property right in the Supreme Court in 1973 helped define the basic rights under Constitution.

Bharati, an ardent follower of Advaita philosophy, filed a case challenging the Constitution (29th Amendment) Act, 1972, questioning the move of Kerala government to take over the mutt property, when he was just 29 years old.

The case coincided with the move of Indira Gandhi government which made changes to the the 24th, 25th, 26th and 29th amendments of the Constitution to get the court to rule in favour of the government in bank nationalisation and privy purses cases.

Senior lawyer Nani Palkhivala had fought the case for Bharati. Then chief justice of India Sarv Mitra Sikri formed a 12-judge panel to preside over the case. The Kesavananda Bharati case was heard for 68 days. The hearing commenced on October 31, 1972, and concluded on March 23, 1973.

The Constitution bench on April 24, 1973 had ruled that Parliament cannot alter the basic structure of the Constitution, in a 7-6 verdict.

PM Modi expressed his condolences and added that Bharati will continue to inspire generations. “He (Bharati) was deeply attached to India’s rich culture and our great Constitution,” PM Modi said.

The case continues to hold the top spot for the longest hearing ever to have taken place in Supreme Court. This case was followed by the Ayodhya dispute, in terms of the number of days argued before the Supreme Court.