Write a note on the conflict between Parliament and Judiciary during 1970-1973.
Answers
Answer:
This period also witnessed tensions in the relationship between the Parliament and the Judiciary. The major conflicts between the Parliament and Judiciary during the leadership of Indira Gandhi were :
On the issue of Fundamental Right and right to property, the Supreme Court denied the amendment to Constitution. While on the issue of Fundamental Right giving effect to Directive principles, Parliament amended the Constitution, but later Supreme Court rejected it.
Court gave a decision that there are some basic features of the Constitution and the Parliament cannot amend these basic features. This created tension between parliament and jucidiary.
Tension between judiciary and executive further expanded, when a vacancy arose of the post of Chief Justice of India. As per the constitutional rule, senior-most judge of the Supreme Court should be appointed as Chief Justice of India in case of vacancy. But in 1973 government ignored the seniority of three judges and appointed Ajit Nath Ray as Chief Justice of India.
Appointment became a topic of tension. Government’s decision was questioned by the three judges who were superseded.
People were talking about the need of a judiciary and bureaucracy which would be committed to the plan of executive and legislature. Highest point in controversy came when High Court declared Indira Gandhi’s election invalid.
Explanation:
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Answer:
Explanation:
Causes of confrontation between the Union Government and the Judiciary. (i) Constitutional issue about the amendment to the Fundamental Rights. (ii) Can the Parliament curtail the Right to Property by amending the constitution? (iii) The Parliament amended and abridged the Fundamental Rights to implement DPSPs.