PUJYA SREE KESAVANANDA BHARATI-JI
From Sampath’s Desk:
(9 December 1940-6 September 2020)
While paying tribute to Pujya
Sree Kesavananda Bharati, who passed away on 6.9.2020, we have to necessarily recall that he
was the one to achieve a distinction managing to win despite losing his case. Needless to say, a defeat borne with pride, honour, and recognition is also a victory. To quote Wendell Phillips, "What is defeat? Nothing but education, nothing but the first step to something better."
Kesavananda
Bharati Swami - appointed the Chief Pontiff of Edneer Mutt in Kasaragod District, Kerala, in 1961 at the age
of 19 - was a rare blend of philosopher, classical singer, and cultural icon.
He was known all over the country because of one of the most important
constitutional cases he was instrumental to in the independent India.
The 7-6 verdict delivered in his
case in 1973 involving 13 judges, the largest bench ever to sit in the Supreme
Court, is considered a landmark, watershed and epoch-making judgement. That case known
as - His Holiness Kesavananda Bharati Sripadagalvaru vs State of
Kerala - was filed in March 1970. The seer through that case made the Supreme
Court sit up and evolve the much-talked about and celebrated doctrine of basic structure
of the Constitution redefining and protecting the sanctity of the fundamental structure of our Constitution.
To
quote his own words, “I filed the case not because I lost my property but due
to the feeling that what the government did was not right.” Added He “one has
the right to earn. Whatever he earns may be in the form of cash, kind, or
property. When the government decided that properties beyond a limit will be
taken away, we decided to approach the highest court of the land to protect our basic and
fundamental rights."
Nani
Palkhivala appeared for Bharati-ji before the 13-member bench headed by the then
chief justice of India S M Sikri. Arguments lasted for 68 days and the
final 7:6 verdict was delivered in 1973.
Yes, the case in which the Swamiji
had challenged a Kerala Land Reform Act nearly five decades ago had set and
settled the principle once and for all that the Supreme Court is the guardian
of the basic structure of the Constitution.
A point that has inviolably and unassailably come to stay is that while provisions of the Constitution can be amended, its basic structure cannot be!
Leave other things, this
single Supreme Court verdict stands out and will continue to be a tribute to His Holiness. A great legacy for Him to leave behind!
Failure necessarily defeats the losers but inspires winners. And, of course, victory introduces you to the world, but defeat introduces the world to you!
Thank you,
R.SAMPATH
9/9/2020
Comments
Post a Comment