Last week, I had the opportunity to visit the Edneer Mutt in Kasaragod, Kerala. While it may initially seem like another religious site, this mutt holds significant importance in Indian legal history. It was here that the landmark Supreme Court judgment in Kesavananda Bharati v. State of Kerala (1973) originated, forever shaping the constitutional landscape of India.
In 1970, Kesavananda Bharati, a young spiritual leader of the Edneer Mutt, challenged the constitutional validity of the Kerala Land Reforms Act, 1963. This Act imposed limits on land ownership by individuals and institutions, allowing the government to acquire excess land for redistribution. Reports indicate that the mutt owned about 681 acres at the time, with over 400 acres eventually being acquired under the reforms. Bharati later recalled that he approached the Court to protect the mutt’s resources, crucial for its upkeep and activities.
During the proceedings, the government amended the Act, and Parliament enacted the 24th, 25th, and 29th Constitutional Amendments. The 24th Amendment reaffirmed Parliament’s power to amend any part of the Constitution, including Fundamental Rights, countering the Court’s decision in IC Golaknath v. State of Punjab (1967). The 25th Amendment revised Article 31, empowering the State to acquire property with compensation determined by law, insulated from judicial scrutiny. The 29th Amendment placed the Act in the Ninth Schedule, exempting it from judicial review.
The case evolved into a broader examination of Parliament’s power to amend the Constitution, eventually leading to the establishment of the ‘basic structure’ doctrine by a narrow 7:6 majority. The Supreme Court held that while Parliament could amend the Constitution, it could not destroy or abrogate its essential features. The doctrine continues to evolve through subsequent judicial interpretations, adding layers of protection against potential government overreach.
The judgment serves as a critical check on governments with super-majorities, ensuring that constitutional identity cannot be altered solely by numerical strength. However, it has faced criticism for its ambiguity, the judicial process involved in its formulation, and the tension it creates between democratic governance and judicial oversight. The political climate of the time, marked by the Emergency period (1975-77), underscored the importance of such judicial intervention against unchecked authority.
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Beyond the Judgment
The Kesavananda Bharati case was historic not only for its outcome but also for its proceedings. It was heard by the largest bench of 13 judges, argued over two months, amidst allegations of court-packing. Despite the case’s fame, Kesavananda Bharati himself remained relatively detached, reportedly wondering why his name appeared in the papers daily.
The Edneer Mutt, rooted in the spiritual lineage of Adi Shankaracharya’s disciple Totakacharya, follows the Smartha Bhagavata tradition of Advaita Vedanta. It remains a center of worship and education, hosting an elementary school within its premises. Upon visiting, one notices a picture of Sri Kesavananda Bharati and a room named ‘Vrindavanam’ housing the samadhis of 13 seers, including Bharati’s marked by a blackstone and khadaun.
Despite its historical significance, the mutt does not overtly showcase its role in shaping constitutional doctrine. Its serene environment continues to be a place of worship, learning, and reflection, with the legacy of Kesavananda Bharati subtly acknowledged by an Ashoka Stambh installed posthumously.
A colleague questioned the case’s outcome, assuming a victory for the seer given the monumental doctrine established. Surprisingly, the mutt ultimately lost a significant portion of its land. Yet, it gained a doctrine preventing elected governments from altering the Constitution’s fundamental identity, with secularism as one of its core features.
If you find yourself near Bekal, Kerala, a visit to the Edneer Mutt is highly recommended, not just for its spiritual ambiance but also for its profound contribution to Indian constitutional history.
Swapnil Tripathi leads Charkha, the Constitutional Law Centre at the Vidhi Centre for Legal Policy.
