question_answer

Examine the developments that gave rise to the conflict between the Union Government and the Judiciary in India.

Or

Analyse the circumstances that led to the restoration of Congress System after the Party's split in 1969.

 

Answer:

This was also the period when the government and ruling party had many differences with the judiciary.

Three constitutional issues has emerged:

(i) Whether parliament abridge Fundamental rights? The Supreme Court said it cannot.

(ii) Can the Parliament curtail the right to property by making an amendment? Court said that Parliament cannot amend the Constitution in such a manner that rights are curtailed.

(iii) The Parliament amended the Constitution saying that it can abridge Fundamental Rights for giving effects to Directive Principal. But the Supreme Court rejected this provision also.

This led to a crisis as far as the relations between government and the judiciary were concerned. The best example is the famous Kesavananda Bharti case. In this case, Court gave a decision that there are some basic features of the Constitution and the Parliament cannot amend these features.

Or

The split in the Congress reduced the Indira Gandhi government to minority. Yet her government continued in the office with the issue based support of few parties including CPI and DMK. During this period government made conscious attempts to project its socialist credentials.

The results of LOK SABHA election in 1971 were unexpected. The Congress (Indira)?CPI alliance had more seats and votes than the congress has ever won in the first four general elections. Indira Gandhi Congress won 354 seats in Lok Sabha and secured 44% of popular votes of its own. Contrast to this with the performance of Congress (0) with so many stalwarts could manage only one-fourth votes than Indira Gandhi party and could win only 16 seats. With this the Congress Party led by Indira Gandhi established its claim to being ?REAL CONGRESS? and restored to its dominant position in Indian Politics.

Soon after the Lok Sabha elections, a major political and military crisis broke out in East Pakistan and the Indo-Pak war leading to the establishment of Bangladesh. These events added to the popularity of Indira Gandhi. Her Party swept through all the assembly elections held in 1972.

She was seen not only as the protector of the poor and underprivileged, but also a strong nationalist leaders. The opposition to her, either within the party or outside it, simply did not matter. With two successive election victories, one at the central and other at state level, the dominance of congress was restored.