Conflict between judiciary and executive in …

Nineteen sixty-seven was a landmark year in the political history of the country. Reflecting after almost 60 years, a chain of events unfolds which had a strong impact on the politics of the years after. Elections to the fourth Lok Sabha were held in the aftermath of the 1966 devaluation of the rupee, and perhaps, when the food crisis was at its worst.

This period also witnessed tensions in the relationship between the Parliament and the Judiciary. The major conflicts between the Parliament and Judiciary during the leadership of Indira Gandhi were :

 

On the issue of Fundamental Right and right to property, the Supreme Court denied the amendment to Constitution. While on the issue of Fundamental Right giving effect to Directive principles, Parliament amended the Constitution, but later Supreme Court rejected it.

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 jucidiary.

Tension between judiciary and executive further expanded, when a vacancy arose of the post of Chief Justice of India. As per the constitutional rule, senior-most judge of the Supreme Court should be appointed as Chief Justice of India in case of vacancy. But in 1973 government ignored the seniority of three judges and appointed Ajit Nath Ray as Chief Justice of India.

Appointment became a topic of tension. Government’s decision was questioned by the three judges who were superseded.

People were talking about the need of a judiciary and bureaucracy which would be committed to the plan of executive and legislature. Highest point in controversy came when High Court declared Indira Gandhi’s election invalid.