IAS MAINS G.S. POLITICAL SCIENCE Q.7 “The process of constitutional amendment should not be resorted to for the pupose of overriding unwelcome judicial verdicts so often as would generate in the minds of lay public an irreverence for the Judiciary”. Comment. Ans. Judicial system in India is known to uphold its moral and ethical values in granting its verdicts. Not only in India, but world over it has an image of preserving sanity as a guardian of COI. The process of judicial review and judicial activism are the tools in the hands of judiciary to nullify the arbitrary actions of executive through legislature. In order to curb this activism, parliamentarians have , for long, resorted to their power of amending the COI . The practice of amending the Constitution was dominant in Indira Gandhi tenure. But in the petition of Keshavananda Bharti questioning the blunt violation of fundamental rights , SC ruled that parliament cannot alter the basic structure of the COI while tampering with the FRs. This was a major defeat to Indira Gandhi govt and since then , it has strengthened the Court’s power of judicial review ,which was further emphasised in cases like Minerva Mills, L. Chandra Kumar , I. R. Coelho and most recently when SC held Sec 8(4) of RPA act ultra vires. Instead of taking it as an opp to decriminalise politics, the govt tried to agin nullify the ruling by amending the COI . The arbitrary amendment of COI overriding judicial verdicts also cause the foreign investors to lose confidence in Indian judicial system, as was evident in Vodafone case. The faith of public in democracy and its organs like judiciary, gets shattered and it may lead to chaos in the society.
Posted on: Sat, 25 Oct 2014 10:14:19 +0000
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