Many
amendments to the Constitution of India have been made due to
different interpretations upheld by the Judiciary and the Parliament.
Explain with examples.
Many amendments to the Constitution of India have been made due to different interpretations upheld by the Judiciary and the Parliament. Explain with examples.
Any
answer supported with argument or explanation would solve the
purpose. It is strongly recommended that you prepare the
solution on your own. However, one sample solution has been
provided for your reference:
Certain
amendments to the Constitution have been made as a result of the
different interpretations upheld by the Judiciary and the Parliament.
The most prominent among them was related to the basic structure of
the Constitution. It led to the 42nd amendment to the
Constitution that took place during the period of emergency. Prior to
this, in its judgment in the Kesavananda Bharati case in 1973, the
Supreme Court had upheld certain features of the Constitution to be
fundamental in nature and making up the basic structure of the
Constitution. It also placed the judiciary as the final authority in
interpreting the Constitution and its basic structure and prohibited
the legislature from passing any amendments that were contrary to
this. Thus, the judiciary was concerned more about the spirit of the
Constitution. The 42nd amendment in 1976 reduced the power
of the judiciary and sought to restore the legislature to a
pre-eminent position. It made changes in the preamble, the seventh
schedule and 53 articles of the Constitution.
Any answer supported with argument or explanation would solve the purpose. It is strongly recommended that you prepare the solution on your own. However, one sample solution has been provided for your reference:
Certain amendments to the Constitution have been made as a result of the different interpretations upheld by the Judiciary and the Parliament. The most prominent among them was related to the basic structure of the Constitution. It led to the 42nd amendment to the Constitution that took place during the period of emergency. Prior to this, in its judgment in the Kesavananda Bharati case in 1973, the Supreme Court had upheld certain features of the Constitution to be fundamental in nature and making up the basic structure of the Constitution. It also placed the judiciary as the final authority in interpreting the Constitution and its basic structure and prohibited the legislature from passing any amendments that were contrary to this. Thus, the judiciary was concerned more about the spirit of the Constitution. The 42nd amendment in 1976 reduced the power of the judiciary and sought to restore the legislature to a pre-eminent position. It made changes in the preamble, the seventh schedule and 53 articles of the Constitution.
