Arguments
The Kesavananda Bharati case involved several parties, including Kesavananda Bharati, the petitioner, and the State of Kerala, which defended the constitutionality of the Kerala Land Reforms Act. Additionally, there were several intervenors who supported one or the other side in the case.
Petitioner's arguments: Kesavananda Bharati, a religious leader and landowner, argued that the Kerala Land Reforms Act violated his fundamental right to property, which was guaranteed by the Constitution of India. He also argued that the Parliament's power to amend the Constitution was not unlimited and that certain fundamental features of the Constitution, such as the right to property, were beyond the scope of amendment.
- Written Argument
- Petitioner's humble petition
- Affidavit of the Petitioner
- Petitioner's propositions
- Petitioners & Intervenors- Common Submission
Respondent's arguments: The State of Kerala, which defended the constitutionality of the Kerala Land Reforms Act, argued that the Act was a reasonable restriction on the right to property and that it was aimed at promoting social justice and reducing poverty. The State also argued that the Parliament's power to amend the Constitution was unlimited and that there were no limits to this power.
Intervenors' arguments: There were several intervenors in the case who supported one or the other side. Some intervenors argued that the Kerala Land Reforms Act was a necessary measure to promote social justice and reduce poverty, while others argued that the Act violated the fundamental right to property. Some intervenors also argued that the Parliament's power to amend the Constitution was not unlimited and that certain fundamental features of the Constitution, such as the independence of the judiciary, were beyond the scope of amendment.
- Propositions and Contentions of Intervenors
- Written arguments/submissions - Intervenors
- Advocate Generals as Intervenors
Mr. Nani Pakhivala's Brief Submission on the second last day i.e. 69th Day of Hearing on 23 March 1973
The arguments presented by the parties in the Kesavananda Bharati case revolved around the constitutionality of the Kerala Land Reforms Act, the extent of the Parliament's power to amend the Constitution, and the fundamental rights guaranteed by the Constitution.