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Home » Judiciary vs Legislature
EDITORIAL

Judiciary vs Legislature

NT BureauBy NT BureauJanuary 12, 2023No Comments
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The Judiciary vs Legislature has become a never ending topic in the country. The Vice President expressed his displeasure over the cancellation of law by the Supreme Court which was passed by Parliament. Dhankhar said that in 1973 a very wrong tradition started.It was in 1973, in the Kesavananda Bharati case, that the Supreme Court evolved for the first time the right of the courts to strike down constitutional amendments that violated what it called the ‘Basic Structure’, or the fundamental architecture of the Constitution.Power of the Parliament to amend the constitution and deal with legislation is not subject to any other authority. This is the lifeline of democracy. I am sure this will engage your thoughtful consideration,.he said.I want to say with respect to the court that I do not agree with this, the House can make changes. This House should tell whether it can be done, he stated.Dhankhar said When I took charge as the Chairman of the Rajya Sabha, I had said that neither the executive can see the law, nor the court can interfere. If any institution invalidates the law made by Parliament on any ground, then it will not be good for democracy. It would be difficult to say that we are a democratic country. He added that in subsequent years, the highest court delivered significant rulings on matters that it held pivotal to this “Basic Structure” and in the process parliamentary sovereignty was compromised.

Judiciary vs Legislature
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