Question

Discuss the impact of the relationship between the Judiciary and the Executive during emergency period in India.

Answer 1

The impact of the conflict between the Judiciary and the Executive was as follows:

1. The Indira Gandhi government brought in many changes in Constitution that declared that election of Prime Minister, President and Vice President could not be challenged in court.
2. The government made extensive use of Preventive Detention.
3. To give preference to Directive Principles of State Policy over Fundamental Rights. Due to this provision, any person could be deprived of even his fundamental rights. Along with this, this amendment completely dwarfed the judiciary. At the same time, immense powers were given to the legislature.
4. The government also superseded the practices of the Supreme Court in appointing its Chief Justice.
5. The term of the Parliament was also increased from five years to six years.
6. Under the provisions of emergency, the various fundamental rights of citizens stood suspended, including the right of citizens to move the court for restoring their fundamental rights.
7. Judiciary delivered various controversial judgements; did not perform its role properly. No constitutional rule of law prevailed; this was called as the dark period of democracy; no media freedom and opposition was in jail. Judiciary and Executive acted as one entity, with judiciary not keeping a check on the actions of the executive. By way of 42nd Amendment, detention was removed from judicial review. (Any six points)