Seer Kesavananda Bharati, 79, breathed his last due to age-related ailments on September 6, 2020. On his petition, the Supreme Court had delivered the landmark judgement on the celebrated doctrine of basic structure of the Constitution in 1973. He had challenged Kerala Land Reform laws nearly four decades ago, setting the principle that the Supreme Court is the guardian of the basic structure of the Constitution. The verdict involved 13 judges, the largest bench ever to sit in the apex court, who heard it for 68 days and continued to hold the top spot for the longest proceedings to have taken place in the Supreme Court so far. The case became the most referred to in the Indian Constitutional law.
While he did not get the relief he sought from the SC, the judgement clipped the widest power of Parliament to amend the Constitution, giving judiciary the authority to review any amendment. The seer moved the Supreme Court to challenge the above ruling when the 29th Constitutional Amendment was adopted by Parliament giving protection to Kerala laws.
Supreme Court Ruling
The Supreme Court ruled that the 29th Amendment is valid and held that the two Kerala land Acts that were included in the Ninth Schedule are entitled to the protection of Article 31B of the (validation of certain acts and regulations) Constitution. As per Article 368 of the Constitution, Parliament has power to amend the Constitution, but not the power to emasculate its basic features.