CJI Surya Kant said the Kesavananda Bharati ruling is a powerful affirmation of India’s commitment to constitutionalism and the rule of law. He called the basic structure doctrine the guiding conscience that protects Indian democracy.
New Delhi: Chief Justice of India Surya Kant on Saturday said that the famous Kesavananda Bharati judgment was not just another court ruling, but a powerful reminder of India’s deep respect for the Constitution and the rule of law.
He was speaking at the opening ceremony of the International Convention on Independence of Judiciary at OP Jindal Global University.
The landmark 1973 judgment laid down the basic structure doctrine, a principle that prevents Parliament from changing the essential features of the Constitution.
The doctrine also gives the judiciary the power to strike down any constitutional amendment that violates these core principles.
CJI Surya Kant explained that the real strength of the Kesavananda ruling was its ability to identify and protect the values that make the Constitution meaningful.
He said the judges understood that what cannot be amended is the “just soul” of the Constitution — the ideas carefully shaped by the framers under the leadership of Dr. B. R. Ambedkar.
He stated,
“I do not regard Kesavananda Bharati as a mere legal precedent. It stands, instead, as one of the most profound affirmations of India’s commitment to constitutionalism and the rule of law.”
He added that the judgment was like a careful study of the Constitution’s deeper meaning, saying,
“It was, in truth, an act of constitutional archaeology: the judges unearthed, from within the four corners of the Constitution, those foundational principles that had always lain embedded in its design, waiting to be revealed by interpretation rather than invention.”
Justice Surya Kant, who took charge as the 53rd Chief Justice of India on November 24, said that the basic structure doctrine reminds every generation that the Constitution is not temporary or political, but a permanent agreement between the government and the people.
He recalled what lawyers argued before the Bench decades ago and said,
“As the battery of lawyers told the Bench about 50 years ago, it limits power not to weaken it, but to civilise it.”
He added why the Constitution has survived challenges and changes through the years, stating,
“Its survival has always depended on a community of custodians who read it not as a frozen command, but as a living charge.”
According to CJI Kant, the doctrine has allowed India’s Constitution to expand and adjust to new realities without losing its original spirit.
He said the doctrine guides not only today’s legal thinking but also future constitutional development. Calling it essential for India’s democratic structure, he said,
“As this momentous conference reminds us: the basic structure doctrine is not to be a relic of the past, but a map for charting our future. It is the conscience that keeps our democracy from drifting into absolutism, as we modernise our institutions and confront new frontiers.”
With these remarks, the CJI highlighted how the Kesavananda Bharati judgment continues to shape India’s democratic foundation, ensuring balance between the powers of Parliament and the protection of citizens’ rights.
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