Examine the developments that gave rise to the conflict between the Union Government and the Judiciary in India.
OR
Analyze the circumstances that led to the restoration of Congress System after the Party’s split in 1969.
Legislature, executive and judiciary are three organs of the parliamentary form of government. Here, the principle of separation of power defines the mutual relations among these organs and bring separation in their area of functioning to curb the concentration of power.
The confrontation between the judiciary and Union Executive:
1. Golakhnath case, 1967: In this case, the Supreme court ruled that the parliament cannot take away the Fundamental rights and
therefore curbed the power of the executive.
2. The 24th amendment, 1971: to retain the supremacy, the parliament enacted this amendment and amended article 13
and 368. It declared that the Parliament has the power to abridge or take away any of the Fundamental Rights under Article 368 and such an Act, will not be a law under the meaning of Article 13.
3. Keshavnanda Bharti case,1973: the SC formed 'basic structure doctrine' and limited the power of the parliament to amend the Constitution.
4. 42nd Amendment Act, 1976: the parliament amended article 368 and declared that there is no limitation on the power of the Parliament to amend and no amendment can be questioned in any court.
OR
Differences in ideologies among the party members and Indira Gandhi led to split in the party. The Congress got split into Congress(Old) and Congress (requisitions) . The split reduced the status of Congress led by Indira Gandhi.
1. Indira Gandhi started campaigning, to implements land reforms, ceiling legislation.
2. She gave the slogan of Garibi Hatao.
3. Her promises in campaigns focused upon the growth of the public sector, removal of disparity and abolition of princely privileges.
4. On the other hand, the opposition party was a grand alliance of several small parties that lacked issue, an agenda and positive slogan, rather they focused more on the removal of Indira and gave slogan Indira Hatao.
5. After the election, the results were announced and Indira Gandhi led party won with a huge margin.
6. Moreover, she led to the establishment of Bangladesh after the Indo Pak war. This added popularity to Indira Gandhi.
Though the party revived, it lacked organizational structure. The Congress was more or less became a one face party.
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