Question

In the 1967 in Golak Nath case, the Supreme Court declared that Parliament has no power to amend the provision of_________​

Answer 1

Answer:

In recent years, the relationship between the executive and judiciary has not been at its cordial best and allegations of judicial overreach have flowed unremittingly. On several occasions, the highest members of the judiciary have also expressed disappointment over the executive’s failure to address issues hampering legal benches. Trust, confidence and deference, initially the foundation of this relationship between the vital pillars of the state, is regrettably conspicuous in its absence.

Several members of this government – and the previous one(s) – nurse a grouse that the judiciary habitually appropriates powers of executive. This allegation finds support among even non-partisan legal luminaries as several judgements bear witness to the judiciary’s tendency to overstep judicial activism.

By straying beyond the proverbial Lakshman rekha, the judiciary provided justification to the executive’s purpose of ‘subduing’ it. Blatant attempts to undermine the judiciary, in turn a threat to Indian democracy’s basic character, unfortunately has majority approval. Ironically, this government is pursuing the aim first articulated by an ideological adversary – the self-proclaimed leftist in Indira Gandhi’s government, Mohan Kumaramangalam.

In 1973, stung by judiciary stymieing his prime minister’s intention of amending the constitution at will, Kumaramangalam, the minister for steel, went beyond his ministerial brief and propounded the concept of “committed judiciary”. The sordid episode of supersession of eminent judges was a result of such thinking. Since then, several attempts were made to ensure compliance of the judiciary and get judges to accept harmonising between legislature and executive as their primary task. Few politicians, especially when part of establishment, openly advocate necessity for a “committed judiciary”, but there is no dearth of those who covet it.

However, post-independence, it was not always like this. Jawaharlal Nehru had reservations on the judiciary’s interpretation of the constitution – this even led to the first amendment on the freedom of expression – but he displayed ample respect.

Explanation: