Edneer Mutt pontiff, who paved way for protecting basic structure doctrine of Constitution, passes away

Kesavananda Bharati, chief pontiff of the Edneer Mutt at Kasargod in Kerala, who paved the way for the landmark judgement of Supreme Court for protecting the basic structure doctrine of Indian Constitution, died at the age of 79 on Sunday.

Bharati was under treatment for sometime after suffering breathing difficulties. His end came during the early hours of Sunday at the mutt, and his last rites were performed at the mutt premises by afternoon.

Bharati, who became the head of the mutt at an younger age in 1961, initiated a legal battle to protect the mutt's property. He challenged the Kerala Land Reforms Act that imposed restrictions on land holdings and provided for distributing land to the landless tillers in 1970. Three Constitutional amendments were also brought under the question of violating fundamental rights.

On April 24, 1973, a 13-member bench of the Supreme Court headed by then Chief Justice S M Sikri, after 68 days marathon hearing, issued the landmark judgment with a thin majority of 7:6 that basic structure of the Constitution could not be altered by the Parliament.

Though the mutt's properties could not be recovered with the case, the judgment indeed formed a firm basis for limiting the powers of Parliament for making amendments that affect the fundamental rights. The Kesavananda Bharati v/s State of Kerala case has been widely referred in many future legal battles over Constitution amendments and several books on the case were also published.

It was also the case that witnessed the longest argument in the court and the Constitutions of different countries were also considered during the arguments. The over 700 page judgment was even later referred to as one that saved the Indian Constitution and protected fundamental rights.

Bharati, who was born to Manchthaya Sreedhara Bhatt and Padmavathi Amma, belonged to the lineage of Sri Thotakacharya, one of the first four disciples of Sri Adi Shankaracharya. He was a Yakshagana proponent and had also written many devotional songs and also sang many Kannada, Malayalam, Tulu, Sanskrit and Hindi devotional songs.

Prime Minister Narendra Modi said in a condolence message that Pujya Kesavananda Bharati Ji would be always remembered for his contributions towards community service and empowering the downtrodden. He was deeply attached to India’s rich culture and our great Constitution. He will continue to inspire generations.

Kerala Chief Minister Pinarayi Vijayan said in a condolence message that apart from being known worldwide with the landmark case,he made valuable contribution in the field of education.