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Constitution: As A Living Document

Question
CBSEENPO11021671

If amending power is with the elected representatives, judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.

Solution

There has been a controversy over the amending power of the Parliament. It was advocated that the amending power is with the elected representatives and judiciary should not have the powers to decide the validity of amendments. But it is not true. In fact, amendments during the period 1970 to 1980 generated a lot of legal and political controversy. The parties that were in opposition during the period 1971-1976 saw many of these amendments as attempts by the ruling party to subvert the Constitution. In the 42nd amendment the most parts of the Constitution were amended. If the judiciary would remain silent then the elected representatives can destroy the basic structure also. In terms of constitutional legal issues, the most serious question that came up again and again from 1950 was about the supremacy of the parliament. In a parliamentary democracy as that obtain in India, the Parliament represents the people and therefore it is expected to have an upper hand over both executive and judiciary. But at the same time there is the text of the Constitution and it has given powers to other organs of the government. Hence the judiciary should have the power to decide the validity of amendments also.