1.

What were the disagreements between parliament and the Judiciary?

Answer»

The Emergency is described as a period of constitutional crisis because it started as the constitutional battle over the jurisdiction of the Parliament and the judiciary. It had been a practice to appoint the senior-most judge of the Supreme Court as the Chief Justice. But in 1973, the government overlooked the seniority of three judges and appointed Justice A. N. Ray as the Chief Justice of India. The appointment was criticized because all the three judges had given rulings against the stand of the government. The government also advocated committed judiciary that meant that the judges should be loyal to the ruling party. The Allahabad High Court passed a judgment declaring Indira Gandhi’s election to the Lok Sabha invalid and subsequently, an amendment was made that declared that elections of the Prime Minister, President and Vice-President could not be challenged in the Court. The government limited the power of judicial review of the judiciary during the Emergency such as filing Habeas Corpus.



Discussion

No Comment Found