Legacy of Kesavananda Bharati
Kesavananda Bharati Swamiji, seer of the Edneer Mutt in Kasargod district of Kerala and petitioner in the landmark judgement of the Supreme Court on Fundamental Rights, passed away yesterday.
He was 80 years. He leaves behind a legacy that no other seer in the country has done – saving the democracy and preventing the nation from slipping into a totalitarian regime.
Kesavananda Bharati was the head seer of the Edneer Mutt since 1961, known as Srimad Jagadguru Sri Sri Sankaracharya Thotakacharya Kevananda Bharati Sripadaganlavaru. He left his signature in one of the significant rulings of the Supreme Court when he challenged the Kerala land reforms legislation in 1970.
A 13-judge Bench was set up by the Supreme Court, the biggest so far, and the case was heard over 68 working days spread over six months. The Bench gave 11 separate judgments that agreed and disagreed on many issues but a majority judgment of seven judges was stitched together by then Chief Justice of India S M Sikri on the eve of his retirement. However, the basic structure doctrine, which was evolved in the majority judgment, was found in the conclusions of the opinion written by one judge — Justice H R Khanna.
Kesavananda Bharati Vs State of Kerala
The case was primarily about the extent of Parliament’s power to amend the Constitution. First, the court was reviewing a 1967 decision in Golaknath v State of Punjab which, reversing earlier verdicts, had ruled that Parliament cannot amend fundamental rights.
Second, the court was deciding the constitutional validity of several other amendments. Notably, the right to property had been removed as a fundamental right, and Parliament had also given itself the power to amend any part of the Constitution and passed a law that it cannot be reviewed by the courts.
The case represented the fight for supremacy of Parliament led by then Prime Minister Indira Gandhi.
While the seer did not get the relief he wanted, the case became significant for its landmark judgment which clipped the widest power of Parliament to amend the Constitution and simultaneously gave judiciary the authority to review any amendment.
Former Judge of Madras High Court Justice K Chandru told the media: “The Kesavananda Bharati case is significant for its ruling that the Constitution can be amended but not the basic structure.”
Senior Advocate Arvind P Datar said when some parcels of land of the Edaneer Mutt were acquired under the land reform laws of Kerala, Kesavananda Bharati moved the Kerala High Court against it and partially succeeded.
However, when the 29th Constitutional Amendment was adopted by Parliament giving protection to Kerala laws, the seer moved the Supreme Court challenging it.
The top 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.
The verdict had held that though Parliament has power to amend under Article 368 of the Constitution, it did not have the power to emasculate its basic features.
More than a Seer
Kesavananda Bharati is a patron of education, Kannada culture, and arts, including Yakshagana, music, and dramas. He has also contributed immensely to Kannada in the border district of Kasaragod.
A proponent of the Advaita philosophy, the seer belonged to the lineage of Thotakacharya, one of the first four disciples of reformer Adi Sankaracharya. Kesavananda Bharati was a good singer and was a popular ‘Bhagavata’ (singer and director) in Yakshagana where he rendered compositions in the Carnatic music style. He promoted a ‘Yakshagana Mela’ (troupe) for nearly 15 years and this Mela performed programmes in Karnataka and Kerala.
“His patronage removed the inhibition with the ‘Yakshagana’ artists and brought them to prominence,” said T Sham Bhatt, former Karnataka Public Service Commission Chairman and a devotee of Edneer Mutt seer. It also made other religious heads to extend patronage to it, Mr. Bhatt said. Kesavananda Bharati conducted annual “Yakshagana Saptaha” (week-long Yakshagana shows) and “Yakshagana Talamaddale” programmes at the Mutt. On September 1, the seer was the Bhagavata in the ‘Talamaddale’ programme.
Kesavananda Bharati was a strong proponent of Kannada in Kasaragod and lent his support to Kannada activists. The seer had recently completed his 60th ‘chaturmasya’ (holy period of four months).
Under Kesavananda Bharati guidance, the mutt has instituted a Kannada Medium School, a Junior college, and also Vidyamandira English Medium School at Edneer. The mutt also operates a Sanskrit Veda Patashala and conducts a number of Cultural and art festivals every year.
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