Law for the Man or Man for the Law? : A discussion in light of the 50th anniversary of Kesavananda Bharati case
Law for the Man or Man for the Law? : A discussion in light of the 50th anniversary of Kesavananda Bharati case 66 days. 701 pages worth of judgment, with a unique yet equally fundamental opinion for 11 of the 13 judges that presided over the case. Needless to say, Kesavananda Bharati vs. State of Kerala was the most important landmark case that made it to the pages of Indian history. The case was concluded on 24th April, 1973 with the judge's ruling acting as a temporary fix for the long running disputes between the State and the Court and aiming to provide an answer for two principal questions; these namely being a) How far can the government work for the welfare of the society when it is at the expense of an individual's fundamental rights? And b) How far reaching is the government’s right to amend our Constitution that is deemed to be a ‘living document’? The deliberation remains, did the ruling manage to provide us with a satisfactory answer? Well the answer is both yes an...