Social Sciences, asked by havish56, 1 year ago

what are the factors which lead to draftation of our indian constitution

Answers

Answered by aparnamari06
1
The constitution of India itself makes it effective with the help of juidicial activsm i.e. supremacy of judiciary prevailing in recent times over the parliament. till 1966 the costitution of India was mostly dominated by the parliament for example in 1951 A. K. Gopalan case the SC held that in Art. 21 the procedure estd. by law should be interpreted as procedure estd. by law not the due process of law. The first generation of judiciary was elected and dominated by executive and hence they couldnt speak or criticise the law makers who were yet alive. By the year 1967, the second generation had come into play and then we can see the effect as judiciary critising parliament over several issues.iIn 1967 Golaknath case the supreme court categorically held that parliament cant make laws that are not in public intrest or violates the liberty, equality etc. of the citizens i.e. procedure estd. by law must be interpreted as due process of law and the time for parliament supremacy has started to come to an end. by the year 1978 Menka Gandhi case the parliamentry supremacy has been over taken by judiciary with the help of constitution. so we can say that constituion and protector of the constitution i.e. judiciary has made it effective. for more on the issue please DM.

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