Political Science, asked by nikitarathi245, 6 months ago

what was the struggle between indira gandhi and judiciary ​

Answers

Answered by MrPrince07
3

Explanation:

By 1971, Indira Gandhi’s control over the government and her party Congress was absolute. She started showing autocratic tendencies and wanted to control judiciary. She chose Justice Ray as the Chief Justice of India ignoring seniority.

Congress was defeated in Gujarat Assembly elections. Jayaprakash Narayan, popularly called JP, gave a call for Total Revolution. He encouraged students, peasants, and labour organisations to launch a non-violent struggle to unseat a corrupt and autocratic regime. Lucknow High Court set aside her election on a poll petition filed by Raj Narain and she was de-barred from contesting election for six years. The apex court on an appeal passed an interim order allowing Gandhi only to act as a Member of Parliament, as the Prime Minister of India without voting power. Hence, Indira Gandhi got Fakhruddin Ali Ahammad, the then President to proclaim the Emergency. The Presidential proclamation was stated to be an absolute bar to the judicial scrutiny of the detention orders.

This contention did not find favour with high courts and they held that despite the said Presidential Order the petitions were maintainable and could be proceeded with. The judgments of a few high courts were challenged before the Supreme court. The case was heard by the Constitution Bench of the Supreme Court consisted of Chief Justice AN Ray, HR Khanna, MH Beg, YV Chandrachud and PN Bhagavati. The majority of the judges except Justice HR Khanna held: “In view of the Presidential Order dated 27 June, 1975 under clause (of Art.359 of our Constitution no person has locus standi to move any writ petition under Art.226 before a High Court for habeas corpus or any other writ or order or direction to enforce any right to personal liberty of a person detained under the Act on the grounds that the order of detention or the continued detention is for any reason not under or in compliance with the Act or is illegal or mala fide.

Answered by amansathishkumar05
1

Answer:

Nineteen sixty-seven was a landmark year in the political history of the country. Reflecting after almost 60 years, a chain of events unfolds which had a strong impact on the politics of the years after. Elections to the fourth Lok Sabha were held in the aftermath of the 1966 devaluation of the rupee, and perhaps, when the food crisis was at its worst.

The benefits of the green revolution were nowhere in sight as they would accrue only after 1969. The level of general dissatisfaction was manifest in the fact that the ruling Congress lost 70 seats in the Lok Sabha and at 283, came perilously close to the half-way mark. The gainer was Swatantra party, dominated by erstwhile rulers, and under the influence of the right wing. With almost 50 seats it ended up as the second largest party in Parliament.

Simultaneously Congress also lost power in seven States where it faced governments formed by opposition and fragile coalitions. This led to a power struggle within the party with the organisational wing trying to assert itself. In 1966 while promoting Mrs Indira Gandhi to the leadership, they had thought it to be only a stop gap arrangement, but things had changed. For the first time an election took place for the post of the CPP leader and though Mrs Gandhi won, Morarji Desai, the candidate of the organisational wing managed to get the support of 169 MPs

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