Kesavananda Bharati, the seer whose petition led to doctrine of ‘basic structure’ of Constitution

New Delhi

Police said the 79-year old Kerala-based seer Kesavananda Bharati Sripadagalvaru died at the Edaneer Mutt here due to age related ailments.

“As per the information with us, he passed away at around 3.30 AM on Sunday,” police said.

The case in which Bharati had challenged a Kerala Land Reform Act nearly four decades ago set the principle that the Supreme Court is the guardian of the basic structure of the Constitution and the verdict involved 13 judges the largest bench ever to sit in the apex court. The case of Kesavananda Bharati vs State of Kerala was heard for 68 days and continues to hold the top spot for the longest proceedings ever to have taken place in the top court. The hearing in the case commenced on October 31, 1972, and concluded on March 23, 1973 and it’s the most referred to case name in Indian Constitutional law.

When asked about the importance of the verdict, former Judge of Madras High Court Justice K Chandru told PTI: “The Kesavananda Bharati case is significant for its ruling that the Constitution can be amended but not the basic structure.

In 1970, Bharati, the hereditary head of Edneer Hindu ‘Matha’ in Kasaragod district of Kerala, had moved the top court challenging the state government’s two land reform Acts meant to restrict the management of religious properties.

The case had a number of firsts to its credit. It was heard by the largest bench ever of 13 judges for maximum number of days till date that is 68 and the judgement was 703-page long. The arguments commenced on October 31, 1972, and ended on March 23, 1973.