The Kesavananda Bharati Case: The Untold Story Of The Struggle For Supremacy By The Supreme Court And Parliament

Abstract

The book, which brings to light the myriad questionable situations that 112 Untold Story of Keshavananda Bharti by Adhyarjuna surrounded the Keshavanada Bharati decision, could have been accomplished only by a person of the author's stature, as he minces no words to make statements which are perhaps against the ruling party of the day. He achieves no mean feat as he tries to illustrate the ripple effect of all the political and judicial controversies no matter how small. For instance, he observes that Justice Chandrachud whose alliance had been seemingly in favour of the petitioners ultimately decided in favour of the respondents and he questions the degree of influence that the executive may have over the judiciary. The author notes that perhaps the decision was in fact an equal triumph and that as observed by Justice Mathews in the Raj Narain case, the basic structure as enunciated in the Keshavananda Bharati decision remains a twinkling star up above the Constitution. The Kesavananda Bharati Case: The Untold Story Of The Struggle Tor Supremacy By The Supreme Court And Parliament thus seeks to reveal the thorns beneath the rose; the case which was described by the eminent scholar, Upendra Baxi as '...not just a reported case on some Articles of the Indian Constitution...[but that was], in some sense, the Indian Constitution of the future'.