Fundamental rights cases, 1951-73

On April 24, 1973, in Keranananda Bharati v. State of Kerala, (1973) 4 SCC 225, the Full Bench of thirteen judges of the Supreme Court of India gave its verdict on the most prolonged and contested case on a matter of utmost im portance to the Nation. Though the issue to start with related to the validity of the 24th, 25th, 26th and 29th Amendments to the Constitution, the debate widened to cover political issues of the kind of polity the country was destined to have; if the basic framework of Sovereign Democratic Republic was im mutable; the extent of abrogation of Fundamental Rights possible; Directive Principles if to override Fundamental Rights, and if sovereignty lay in Parlia ment and not the people of India and so Parliament could within its right decide the future course of the country without any inherent or implied limitations.

To these vexed questions the most eminent members of our Bar addressed arguments for sixty-nine days from October 31, 1972 to March 23, 1973 and would have continued if not impelled to conclude owing to the impending retirement of the Chief Justice. They spared no ingenuity in framing the arguments and no effort in research work, and cases, treatises, articles and references, both Indian and foreign were cited in abundance.