Daijiworld Media Network - Mangaluru (SP)

Mangaluru, Sep 7: The name of Edneer Sri Keshavnanda Swamiji has been etched permanently in the legal system India relating to the protection of fundamental rights vested by the Indian constitution. The case Keshavananda Bharathi vs Kerala government even now serves as a classic case for law students.

This case has been termed as one of the rarest in Indian history with the largest ever bench of the Supreme Court comprising 13 judges. Arguments and counter-arguments lasted for 68 days. The judgement said that the parliament has got the right to make amendments to the constitution but there is no scope for amending the basic structure of the constitution.

The Kerala government under the Land Reforms Act had served notice to Edneer Math in 1970 seeking to annexe its properties. Sri Keshavananda Swamiji approached the Supreme Court against this act. Renowned advocate, Nanabhoy Palkhivala had represented the Swami in that case. The main point on which the court was to decide was whether the right to manage religious property without the interference of the government was fundamental or not. The Supreme Court was to decide whether the parliament could amend the constitution the way they wanted.

The court said that none of the amendments to the constitution should in any way damage the basic structure of the constitution and some basic concepts cannot be changed with amendments. It also issued new guidelines as per which the constitutional amendments decided by the legislature under Schedule 9 should be enforced only after they are studied by the judicial committees.

The judgement protected the fundamental rights of religious institutions to manage their properties without the interference of the government. This is not applicable only to the Hindus. This is a case which even is referred to by courts in England and the USA.

The Swamiji also extended full support to Yakshagana and helped hundreds of artists to find a way of living. He started the Edneer Mela and managed it for several years. The Swamiji, who was a skilled Haridasa also donned the role of Bhagawath on certain occasions. Edneer Mela was closed down later but the Math continued to extend support to Yakshagana even thereafter.