Question

Examine the factors that led to the conflict between the Judiciary and the Parliament in India in 1973.

Answer 1

This period witnessed tensions in the relationship between the Parliament and the judiciary. The major conflicts between the Parliament and the Judiciary:

1. On the issue of fundamental rights and the right to property, the Supreme Court denied the amendment to the Constitution. While on the issue of fundamental rights giving effect to directive principles, Parliament amended the Constitution, but later, the Supreme Court rejected it.
2. The 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 the judiciary.
3. Tension between judiciary and executive further expanded when a vacancy arose for the post of Chief Justice of India. As per the constitutional rule, the senior-most judge of the Supreme Court should be appointed as Chief Justice of India in case of vacancy. However, in 1973, the government ignored the seniority of three judges and appointed A.N. Ray as Chief Justice of India.
4. Appointment became a topic of tension. The government’s decision was questioned by the three judges who were superseded.
   People were talking about the need for a judiciary and bureaucracy that would be committed to the plans of the executive and legislature.