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--------------- Print Magazine --------------
 
  May 2016
 
  April 2016
 
 
 
 
Forthcoming Publication from Universal
The Kesavananda Bharati Case

The untold story of the struggle for supremacy by

the Supreme Court and Parliament

by T.R. Andhyarujina

The Kesavananda Bharati Case decided after the longest hearing of 66 days by the largest ever Bench of thirteen judges of the Supreme Court of India is the leading and historic constitutional case decided by the Supreme Court of India on 24th April, 1973. The likes of this case has not been seen in any Supreme Court in the world. The majority of the seven judges prescribed the theory of the limitation of the Basic Structure of the Constitution on the amending power of the Parliament. Though cast in the form of a legal issue on the Parliament's power to amend the Constitution the case was in truth a bitter political conflict between the Court and the Parliament from day one to the day of delivery of judgment in which even the judges in the case were not immune from the surrounding tensions of the case. The controversial majority judgments in this case resulted in the immediate retaliation by the Government by the supersession of three senior most judges of the Supreme Court and the appointment of Chief Justice A.N. Ray. An abortive attempt to reverse the majority view by the new Chief Justice gave legitimacy to the majority judgments for all times. Parliament's attempt to reverse the Kesavananda case by the 44 th Constitutional amendment was also thwarted by a later court.

T.R. Andhyarujina, Senior Advocate, Supreme Court, former Solicitor General of India and Advocate-General of Maharashtra was a Counsel in the Kesavananda case. This book reveals for the first time from his diaries the untold day-to-day and gripping story of this memorable case and its aftermath in Constitutional law.

 
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