Counsel appearing for the petitioner placed
considerable reliance on the decisions in Kesavananda@@
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Bharathi's case (AIR 1973 S.C. 1461), State ... proposition urged by counsel for the petitioner. Basic
structure theory enunciated in Kesavananda Bharathi's case@@
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(AIR 1973 S.C. 1461), came
validity of Article 31C was in question before the Supreme Court in Kesavananda Bharati v. State of Kerala . Article 31C , as it originally stood gave ... ground that it does not give effect to such policy. In Kesavananda Bharati 's case the majority of Judges held that Article
which has been
recognised, a part of the Constitution in His Holiness
Kesavananda Bharati Sripadagalvaru and others v. State of
Kerala and another ... This
minority view of His Lordship was endorsed by Justice Mathew in
Kesavananda Bharati (supra) [at page 1949, para 1717 of the
report
Placing strong reliance on the judgment of the Supreme Court in Kesavananda
Bharati's case, 1973 (4) SCC 225 and the judgment ... observations of the Supreme Court
in paragraphs 134, 139 of Kesavananda Bharati (supra) and the observations of
Justice Mathew in paragraph 1714. Justice Mathew
this Constitution, whose identity cannot,
according to the majority view in Kesavananda's6 case, be
changed, even by resorting to Article
this Constitution, whose identity cannot,
according to the majority view in Kesavananda's6 case, be
changed, even by resorting to Article
issues
considered was "whether Article 31C (as upheld in Kesavananda
Bharati v. State of Kerala , [(1973) 4 SCC 225]) survives in the
Constitution after ... ground
that it does not give effect to such policy. In Kesavananda Bharati
(supra), the Constitutional Bench of the Hon'ble Supreme Court
struck
issues
considered was "whether Article 31C (as upheld in Kesavananda
Bharati v. State of Kerala , [(1973) 4 SCC 225]) survives in the
Constitution after ... ground
that it does not give effect to such policy. In Kesavananda Bharati
(supra), the Constitutional Bench of the Hon'ble Supreme Court
struck
Planters Forum vs State Of Kerala on 24 June, 2006
IN THE HIGH COURT OF
examined
whether the same will breach the basic structure doctrine in Kesavananda
Bharathi's case (AIR 1973 SC 1461) and after considering the said
