Question 9:
Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.
Answers
ANSWER :
The constitution of India has placed the responsibility of interpreting the Constitution on the Supreme Court. The Supreme Court is the final authority to explain the meaning and intent of the constitution. Many amendments to the Constitution have been made due to different interpretations given by the judiciary. In 1967, in Golak Nath's case, the Supreme Court declared that the Parliament has no power to amend the provision of Fundamental Rights. In the bank Nationalisation Case, the Supreme Court held that the banking Companies Act, 1969 violated equality before law. article 19 concerning right to acquire Hold and dispose of property and article 31 regarding compulsory acquisition of property has invalid and unconstitutional. The 24th ,25th and 29th Constitutional Amendment Acts were challenged in the Supreme Court by Swami Kesavananda Bharti, a religious head in Kerala and others on a variety of grounds. The Supreme Court delivered the judgement ona24th April ,1973. The Supreme Court reversed the Golak Nath Case ruling and upheld Parliament’s right to amend the Constitution including the Fundamental Rights but not the basic structure or framework of the Constitution. This judgement has imposed specific limits to the Parliament’s power to amend the constitution. In many decision the Supreme Court had held the reservations in jobs and educational institutions cannot exceed 50% of the total seats. On May 9 ,1980 the Supreme Court in Minerva Mills case struck down Section 55 of the 42nd amendment act 1976 which gave unlimited power to the Parliament.
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