Today is the 41st anniversary of one of the most famous cases in the history of independent India, Keshavananda Bharathi vs State of Kerala .
The eminent lawyer, Arvind Datar, wrote about this a year ago. Go read the whole article. One comes across characters such as Alvin Robert Cornelius and the redoubtable Nani Palkhivala. The basic structure doctrine is an immeasurable contribution to the safeguarding of democracy and liberties of the people of India.
The hard work and scholarship that had gone into the preparation of this case was breathtaking. Literally hundreds of cases had been cited and the then Attorney-General had made a comparative chart analysing the provisions of the Constitutions of 71 different countries!
All this effort was to answer just one main question: was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate…
View original post 164 more words