Question 10:
If amending power is with the elected representatives, judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.
Answers
ANSWER :
In india, the power to amend the Constitution is vested with the elected representatives ,i.e Parliament and State legislatures. The Supreme Court is vested with the power of Judicial review. many times amendments passed by the Parliament have been struck down by Supreme Court. The power of Judicial review is in fact against democratic principles.While Amending the Constitution, elected representatives are expected to act in accordance with the people, of the people. There is no justification of such a law being declared ultra-vires by the courts. In democracy sovereignty resides with the people and not with the judiciary. Judges of the supreme court are not elected by the people. On what ground they can claim to be the Guardians of the will of the people. When the amendment passed by the Parliament is declared unconstitutional ,it naturally undermines its Prestige. Moreover, while determining the constitutionality of an amendment, what the Court says depends largely upon who the judges are their temperaments as well as their social, economic and political views. Thus, the Judiciary should not have the power to decide validity of amendments.
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Explanation:
It was advocated that the amending power is with the elected representatives and judiciary should not have the powers to decide the validity of amendments during the period 1970 to 1980 generated a lot of legal and political controversy