History of conflict between the legislature and the judiciary

Author(s)	Kumarappan M
Country	India
Abstract	The history of conflict between the legislature and the judiciary in India unfolds through the lens of judicial review, a pivotal tool ensuring governmental actions align with the Constitution. The judiciary's power, though not explicitly termed "judicial review," is derived from Article 13. Early clashes emerged with the interpretation of property rights and land reforms, leading to amendments and counteractions. The landmark Golaknath case (1967) challenged parliamentary authority, introducing the concept of the "basic structure." Subsequent amendments and the 42nd Amendment reflected attempts to redefine the balance between fundamental rights and directive principles during the tumultuous period of emergency. The Supreme Court's role in upholding constitutional principles and the precedence of fundamental rights over legislative actions remains a cornerstone in India's constitutional framework.
Keywords	Legislature, Judiciary, Executive, Constitutional Machinery, Clash, Judicial Review, Federal System.
Field	Sociology > Administration / Law / Management
Published In	Volume 5, Issue 6, November-December 2023
Published On	2023-11-27
Cite This	History of conflict between the legislature and the judiciary - Kumarappan M - IJFMR Volume 5, Issue 6, November-December 2023. DOI 10.36948/ijfmr.2023.v05i06.9555
DOI	https://doi.org/10.36948/ijfmr.2023.v05i06.9555
Short DOI	https://doi.org/gs63sq

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