Question
Assess the developments which were the root cause of the confrontation between the Union Government and the Judiciary in India in 1970s.
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Answer
Confrontation between Union Government and Judiciary in 1970s Three constitutional issues-
- Can Parliament abridge Fundamental Rights? Supreme Court said it cannot.
- Can Parliament curtail the Right to Property by making amendment? The court said that Parliament cannot amend the constitution in such a manner that rights are curtailed.
- Parliament amended the constitution saying that it can abridge Fundamental Rights for giving effect to Directive Principles.
- This caused crises in relations between the government and the judiciary.
- In 1978 Chief Justice of India has appointed by violating the seniority criterion by appointing A.N. Roy and ignoring seniority of three judges.
- Climax came when the High Court declared Indira Gandhi’s election, invalid.
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