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On 23 March 1973, in a 7–6 ruling, the thirteen bench ] bench pronounced that the ] could not alter the 'basic structure' of the ].<ref name="auto1">{{Cite web|date=6 September 2020|title=Kesavananda Bharati, whose Supreme Court case was genesis of ‘basic structure’, dies|url=https://www.hindustantimes.com/india-news/kesavananda-bharati-seer-whose-supreme-court-case-was-genesis-of-basic-structure-passes-away/story-NcPfAUcgCpgqa4pXKiy5FM.html|access-date=6 September 2020|website=Hindustan Times|language=en}}</ref> This decision formed the basis for the ] that has since guaranteed the fundamental structure of the Indian Constitution.<ref name=":2" /><ref name=":3" /> Proponents of the doctrine consider the doctrine to be a major 'safety valve' that guarantees the constitution from any threats of majoritarianism while opponents consider it as an undemocratic means for the judiciary to check the powers of the legislature.<ref>{{Cite web|date=6 September 2020|title=Kesavananda Bharati, seer behind basic rights case, passes away|url=https://indianexpress.com/article/india/kesavananda-bharati-dead-6584956/|access-date=6 September 2020|website=The Indian Express|language=en}}</ref><ref name="auto2" /> On 23 March 1973, in a 7–6 ruling, the thirteen bench ] bench pronounced that the ] could not alter the 'basic structure' of the ].<ref name="auto1">{{Cite web|date=6 September 2020|title=Kesavananda Bharati, whose Supreme Court case was genesis of ‘basic structure’, dies|url=https://www.hindustantimes.com/india-news/kesavananda-bharati-seer-whose-supreme-court-case-was-genesis-of-basic-structure-passes-away/story-NcPfAUcgCpgqa4pXKiy5FM.html|access-date=6 September 2020|website=Hindustan Times|language=en}}</ref> This decision formed the basis for the ] that has since guaranteed the fundamental structure of the Indian Constitution.<ref name=":2" /><ref name=":3" /> Proponents of the doctrine consider the doctrine to be a major 'safety valve' that guarantees the constitution from any threats of majoritarianism while opponents consider it as an undemocratic means for the judiciary to check the powers of the legislature.<ref>{{Cite web|date=6 September 2020|title=Kesavananda Bharati, seer behind basic rights case, passes away|url=https://indianexpress.com/article/india/kesavananda-bharati-dead-6584956/|access-date=6 September 2020|website=The Indian Express|language=en}}</ref><ref name="auto2" />


Indian newspaper '']'', in April 2013, on the occasion of the 40th anniversary of the case, noted that this was the case which saved the Indian democracy and thanked Shri Kesavananda Bharati and jurist ] for the same.<ref name="auto" /> In April 2013, '']'', on ''Kesvananda''<nowiki/>'s 40th anniversary, noted that the case saved Indian democracy{{Additional citation needed|date=September 2020}} and thanked Shri Kesavananda Bharati and jurist ] for the same.<ref name="auto" />


The case was heard by the largest ] and holds the record for the longest hearing with all 13 judges hearing the case for 69 days.<ref name="autogenerated3" /><ref name=":3" /><ref name=":1" /><ref>{{Cite web|title=Kesavananda Bharati, Man Behind Landmark SC Judgment, Dies in Kerala's Kasaragod at 79|url=https://www.news18.com/news/india/kesavananda-bharati-man-behind-landmark-sc-judgment-dies-in-keralas-kasaragod-at-79-2853009.html|access-date=6 September 2020|website=News18}}</ref> The case was heard by the largest ] and holds the record for the longest hearing with all 13 judges hearing the case for 69 days.<ref name="autogenerated3" /><ref name=":3" /><ref name=":1" /><ref>{{Cite web|title=Kesavananda Bharati, Man Behind Landmark SC Judgment, Dies in Kerala's Kasaragod at 79|url=https://www.news18.com/news/india/kesavananda-bharati-man-behind-landmark-sc-judgment-dies-in-keralas-kasaragod-at-79-2853009.html|access-date=6 September 2020|website=News18}}</ref>
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==Opinion== ==Opinion==


He was the only ] to have publicly issued a statement saying that it was a mistake on the part of the government to open the vaults of the Shri ] and he publicly asserted that ] are indeed the assets of temple and the responsibility of managing assets should be handed over to the Trust which is managing the temple.<ref>{{cite web|url=http://www.dnaindia.com/india/report_govt-will-usurp-padmanabhaswany-temple-wealth-pontiff-of-edneer-mutt_1570144|title=Govt will usurp Padmanabhaswany temple wealth: Pontiff of Edneer Mutt – Latest News & Updates at Daily News & Analysis|date=28 July 2011|website=DNAIndia.com|access-date=12 January 2018}}</ref> He was the only ] to have publicly issued a statement saying that it was a mistake for the government to open the vaults of the ]. He stated that all the assets found in the temple's vault were indeed the assets of temple and the responsibility of managing assets should be handed over to the temple's trust.<ref>{{cite web|url=http://www.dnaindia.com/india/report_govt-will-usurp-padmanabhaswany-temple-wealth-pontiff-of-edneer-mutt_1570144|title=Govt will usurp Padmanabhaswany temple wealth: Pontiff of Edneer Mutt – Latest News & Updates at Daily News & Analysis|date=28 July 2011|website=DNAIndia.com|access-date=12 January 2018}}</ref>


Kesavananda Bharti was awarded the Justice ], in 2018 by the Governor of Kerala.<ref>https://barandbench.com/kesavananda-bharati-conferred-with-justice-vr-krishna-iyer-award-2018/ Kesavananda Bharti was awarded the Justice ], in 2018 by the Governor of Kerala.<ref>https://barandbench.com/kesavananda-bharati-conferred-with-justice-vr-krishna-iyer-award-2018/

Revision as of 19:10, 6 September 2020

Indian pontiff

Shri Kesavananda Bharati
Personal life
Born9 December 1940
Died6 September 2020 (aged 79)
Mangalore, India
Religious life
ReligionHinduism
PhilosophyAdvaita Vedanta
SectEdneer Mutt, Kasaragod district, Kerala, India
Religious career
GuruShri Ishwarananda Bharati Swamiji
Procession of Swamiji by his disciples in Kumta, 2012
Shri Kesavananda Bharati with other Shankaracharyas' in a regional Shankaracharyas' meet. (far right)
Shri Kesavananda Bharati Swamiji with devotees at Maha Kumbha Mela held at Allahabad in Feb 2013

Shri Kesavananda Bharati (9 December 1940 – 6 September 2020) was the chief pontiff of Edneer Mutt in Kasaragod district, Kerala. He was the petitioner in Kesavananda Bharati v. State of Kerala, a landmark case that helped establish the basic structure doctrine of the Indian Constitution which guarantees that the fundamental or 'basic structure' of the Indian Constitution can not be altered by parliamentary amendment. He was a follower of Smartha Bhagawatha tradition and the Advaita Vedanta school of Hindu philosophy.

Early life and career

Kesavananda Bharati was born to Manchthaya Sreedhara Bhatt and Padmavathi Amma in 1940. He was appointed as the head and chief Pontiff of Sri Edneer Mutt, in Kasaragod district, Kerala, in 1961, and belonged to the Parampara of Thotakacharya, one of the first four disciples of Adi Shankara. He was a follower of the the Smartha Bhagawatha tradition of Advaitha Pantha. He took Sanyasa at the age of 19 and headed the Edneer Mutt as the Peetadhipathi until his death in 2020. As the head of the Mutt, he was referred by the honorific title, Srimad Jagadguru Sri Sri Sankaracharya Thotakacharya Keshavananda Bharathi Sripadangalavaru.

Kesavananda Bharati was a Carnatic and Hindusthani vocalist, and master of Yakshagana, an Indian art and theater form. He was a patron of education, Kannada culture and arts, including Yakshagana, music and dramas. He had contributed immensely for Kannada in the border district of Kasaragod. Under his guidance, the mutt had instituted a Kannada medium school, an English medium school, junior college, and a Sanskrit Veda Patashala (English: Vedic School).

Role in Indian constitutional law

Main article: Kesavananda Bharati v. State of Kerala

Kesavananda Bharati was a petitioner of a case, Kesavananda Bharati v. State of Kerala (case citation: AIR 1973 SC 1461), that in a landmark decision of the Supreme Court of India established the basic structure doctrine of the constitution. The doctrine provides safeguards for the basic structure of the Indian Constitution from parliamentary amendments.

In 1970, Kesavananda Bharati had filed a case challenging the Kerala Government's attempts to acquire the Mutt's property, through the Kerala Land Reforms Act of 1963 as amended in 1969. He had argued, along with his lawyer Nani Palkhivala, that this action violated his fundamental rights, particularly, his fundamental right to religion (Article 25), freedom of religious denomination (Article 26), and right to property (Article 31).

On 23 March 1973, in a 7–6 ruling, the thirteen bench Supreme Court bench pronounced that the parliament could not alter the 'basic structure' of the Constitution of India. This decision formed the basis for the Basic structure doctrine that has since guaranteed the fundamental structure of the Indian Constitution. Proponents of the doctrine consider the doctrine to be a major 'safety valve' that guarantees the constitution from any threats of majoritarianism while opponents consider it as an undemocratic means for the judiciary to check the powers of the legislature.

In April 2013, The Hindu, on Kesvananda's 40th anniversary, noted that the case saved Indian democracy and thanked Shri Kesavananda Bharati and jurist Nanabhoy Palkhivala for the same.

The case was heard by the largest Constitution bench and holds the record for the longest hearing with all 13 judges hearing the case for 69 days.

Opinion

He was the only Shankaracharya to have publicly issued a statement saying that it was a mistake for the government to open the vaults of the Padmanabhaswamy Temple. He stated that all the assets found in the temple's vault were indeed the assets of temple and the responsibility of managing assets should be handed over to the temple's trust.

Kesavananda Bharti was awarded the Justice V.R. Krishna Iyer Award, in 2018 by the Governor of Kerala.

Death

Kesavananda Bharati passed away in Mangalore on 6 September 2020 at the age of 80. He had earlier been admitted to a hospital with cardiac and respiratory issues.

See also

References

  1. ^ "Kesavananda Bharati Swamiji of Edneer Mutt passes away at 80". The Hindu. Special Correspondent. 6 September 2020. ISSN 0971-751X. Retrieved 6 September 2020.{{cite news}}: CS1 maint: others (link)
  2. ^ Livemint (5 May 2013). "A landmark verdict revisited". Livemint. Retrieved 6 September 2020.
  3. ^ "Seer Kesavananda Bharati, hailed as Constitution's saviour, dies". Hindustan Times. 6 September 2020. Retrieved 6 September 2020.
  4. "Daijiworld – A News portal linking West coast of India and the World". www.daijiworld.com. Retrieved 6 September 2020.
  5. ^ 6 Sep, M. P. Prashanth / TNN /; 2020; Ist, 11:03. "Kesavananda Bharati Death: Seer Kesavananda Bharati passes away | Kozhikode News – Times of India". The Times of India. Retrieved 6 September 2020. {{cite web}}: |last2= has numeric name (help)CS1 maint: numeric names: authors list (link)
  6. ^ "Daijiworld – A News portal linking West coast of India and the World". www.daijiworld.com. Retrieved 12 January 2018.
  7. Udayavani. "Sri Kesavananda Bharati Swamiji of Edneer Mutt passes away". Udayavani (in Kannada). Retrieved 6 September 2020.
  8. "Kannada Samskruti". www.KannadaSangha.com.bh. Retrieved 12 January 2018.
  9. ^ "Kesavananda Bharati ... vs State Of Kerala And Anr on 24 April, 1973".
  10. "When I met Keshavananda Bharathi!". barandbench.com. Archived from the original on 17 January 2013. Retrieved 12 January 2018.
  11. ^ Datar, Arvind P. (24 April 2013). "The case that saved Indian democracy". The Hindu. Chennai, India.
  12. "Kesavananda Bharati's Case". Outlook (India). Retrieved 12 January 2018.
  13. ^ "Extraordinary Case Study – Indian Express". www.indianexpress.com. Retrieved 12 January 2018.
  14. ^ "Revisiting a verdict". www.frontline.in. Retrieved 12 January 2018.
  15. "Kesavananda Bharati, whose Supreme Court case was genesis of 'basic structure', dies". Hindustan Times. 6 September 2020. Retrieved 6 September 2020.
  16. ^ "Kesavananda Bharati selected for V R Krishna Iyer Award". The New Indian Express. Retrieved 6 September 2020.
  17. "Kesavananda Bharati, seer behind basic rights case, passes away". The Indian Express. 6 September 2020. Retrieved 6 September 2020.
  18. "Kesavananda Bharati, Man Behind Landmark SC Judgment, Dies in Kerala's Kasaragod at 79". News18. Retrieved 6 September 2020.
  19. "Govt will usurp Padmanabhaswany temple wealth: Pontiff of Edneer Mutt – Latest News & Updates at Daily News & Analysis". DNAIndia.com. 28 July 2011. Retrieved 12 January 2018.
  20. https://barandbench.com/kesavananda-bharati-conferred-with-justice-vr-krishna-iyer-award-2018/
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