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Explain the role of judiciary during …

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Explain the role of judiciary during emergency.
  • 1 answers

Gaurav Seth 4 years, 10 months ago

 Impact on relationship between the Executive and Judiciary : A conflict between the Parliament and Judiciary had been going on over different constitutional issues, the constitutional interpretations and political ideologies were getting mixed up. People close to the Prime Minister wanted a judiciary and the bureaucracy ‘committed’ to the vision of the executive and the legislature. During emergency exactly this happened. The government made extensive use of preventive detention. Large scale arrests were made. Arrested workers could not challenge their arrest through habeas corpus petitions. Although some High Courts gave judgments allowing courts to entertain a writ of habeas corpus but the Supreme Court over-ruled the High Courts and accepted the government’s plea. This judgment was one of the most controversial judgments of the Supreme Court which had closed the doors of judiciary for the citizens.

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