golaknath v. state of punjab was the case that was heard by largest ever constitution bench by 13 supreme court judges.
which case was heard by largest ever constitution bench by 13 supreme court judges?
golaknath v. state of punjab
six years later in 1973, the largest ever constitution bench of 13 judges, heard arguments in "kesavananda bharati v. state of kerala" (case citation: air 1973 sc 1461). the supreme court reviewed the decision in golaknath v. state of punjab, and considered the validity of the 24th, 25th, 26th and 29th amendments. the court held, by a margin of 7-6, that although no part of the constitution, including fundamental rights, was beyond the amending power of parliament (thus overruling the 1967 case), the "basic structure of the constitution could not be abrogated even by a constitutional amendment". the decision of the judges is complex, consisting of multiple opinions taking up one complete volume in the law reporter "supreme court cases". the findings included the following:
basic structure doctrine
on 25 february 2014, while hearing a pil filed by ngo common cause, a three-judge bench of the supreme court of india observed that the judgment in "aruna shanbaug" case was based on a wrong interpretation of the constitution bench judgment in "gian kaur v. state of punjab". court observed that the judgment in inconsistent in itself as though it observes that euthanasia can be allowed only by legislature yet it goes on to lay down guidelines on the same. therefore, court has referred the issue to a constitution bench which shall be heard by a strength of at least five judges. court observed:"in view of the inconsistent opinions rendered in aruna shanbaug (supra) and also considering the important question of law involved which needs to be reflected in the light of social, legal, medical and constitutional perspective, it becomes extremely important to have a clear enunciation of law. thus, in our cogent opinion, the question of law involved requires careful consideration by a constitution bench of this court for the benefit of humanity as a whole."the five-judge bench of the supreme court was tasked with deciding whether article 21 of the constitution includes in its ambit the right to die with dignity by means of executing a living wills/advance directives.
euthanasia in india