Kasaragod: Kesavananda Bharati Swamiji, the head of Edaneer Mutt in Kerala's Kasaragod district, passed away early on Sunday.
He was 80. The seer suffered from cardiac and breathing ailments.
Kesavananda Bharati became a popular name in legal circles after he questioned Kerala government's land reform act (enacted to distribute land to the landless tillers) and the 29th constitution amendment.
The 29th amendment had included the Kerala Land Reforms Act of 1963 in the ninth schedule of the Constitution. This gave immunisation to the act from a challenge on the ground of violation of fundamental right.
The petition was filed when the Indira Gandhi-led government had made 24th, 25th, 26th and 29th amendments of the Constitution to pave way for bank nationalisation.
The then Chief Justice of India Sarv Mitra Sikri formed a 13-member panel to decide the case.
The hearing was commenced on October 31, 1972, and concluded on March 23, 1973. The 7-6 verdict did not give individual relief to the seer. However, it paved the way for a doctrine that the Parliament cannot alter the basic structure of the Constitution.
Since then, the 'basic structure doctrine' has been considered as a tenet of the constitutional law.
The verdict in the 'Kesavananda Bharati vs State of Kerala and Others' case is one of the much-sought after judgements in the country.
In 2018, Bharati was awarded the Justice V R Krishna Iyer Award instituted by the Legal Assistance and Welfare (LAW) Trust.
Bharati became the head of the Edaneer Mutt in 1961. The Mutt belongs to the lineage of Sri Thotakacharya, one of the first four disciples of Shankaracharya.
Edaneer lies 10km north east of district headquarters of Kasaragod.
Yakshagana proponent
Bharati was a proponent of Yakshagana (traditional theatre popular in south Karnataka) and was the patron of a troupe for nearly 15 years.
Condolences
Prominent personalities described Bharati as the 'saviour of the Constitution' in their condolence messages.
Kerala Chief Minister Pinarayi Vijayan, in his condolence message, said Swamiji became popular all over the world because of the landmark case. "As he head of Edaneer Mutt, he made rich contributions to the socio-cultural and educational sectors," Vijayan said.
Union Minister of State for External Affairs and Parliamentary Affairs V Muraleedharan tweeted that the nation will always remember Swamiji's invaluable contributions and selfless services. "His teachings will continue to enlighten people," he said.
