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Supreme Court of India

His Holiness Kesavananda Bharati Sripadagalavaru v. State of Kerala

Neutral citation
Bench S. M. Sikri C CJI, J.M. Shelat, K. S. Hegde, A. N. Grover, A. N. Ray, P. Jaganmohan Reddy, D. G. Palekar, H. R. Khanna, K. K. Mathew, M. H. Beg, S. N. Dwivedi, A. K. Mukherjea and Y.V. Chandrachud JJ.
Decided 24 April 1973

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

148 Supreme Court benches have cited this judgment.

What the Court ordered

The cases are remitted to the Constitution Bench to be decided in accordance with this judgment, and the law. The parties will bear their own costs.

Judgment, Part VIII (Conclusions), per Sikri, C.J., p. 216

From the headnote

Constitution of India, 1950-Article 368 before Constitution (Twenty Fourth) Amendment Act, 1971-Nature and scope of the amending power. Article 13(2)-'Law' in 13(2) if includes amendment of the Constitution-Distinction between legislative power and constituent power. Article 368-"Amendment" meaning of-"Amendment" if includes the power to abrogate the Constitution-If includes the power to alter the basic structure or frame-work of the Constitution, Fundamental Rights-If amendment can take away or abridge the rights guaranteed in Part III.…

Authorities it was built on

Where later benches applied it

Of those, 2 followed · 12 referred to · 134 mentioned

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