Clipping the Wings of the Judiciary

The judiciary came in the way of implementing many of the steps to facilitate quick social reforms. The contention over property as a fundamental right was severe. The court had obstructed the implementation of the abolition of privy purses as well as the nationalisation of banks (which was almost immediately implemented through a presidential ordinance).

In 1971, the Twenty-fourth Constitutional Amendment

Act was put in place that authorised Parliament to amend any provision of the Constitution; this was to overcome the restrictions placed by the Supreme Court on Parliament regarding amendment of fundamental rights (Golaknath case). In 1972 came the Twenty-fifth Constitutional Amendment Act providing that giving effect to certain directive principles could not be challenged in court on the grounds of their being inconsistent with certain fundamental rights.

In 1973, the practice of appointing the senior most Supreme Court judge as the Chief Justice of India was set side, and Justice A.N. Ray was made Chief Justice of India though there were three other judges senior to him. The appointment was politically motivated as A.N. Ray was seen to be on the government’s side. When the law passed by Parliament giving it greater powers to amend the Constitution had been challenged in the apex court, Justice Ray had voted in favour of the government’s view: this was seen as having influenced his promotion.

Then in 1975 came the Thirty-eighth Amendment Act specifying that the satisfaction of the president or the governor to declare emergency or issue ordinances could not be challenged in court.

The Thirty-ninth Amendment Act of 1975 provided that disputes regarding the election of the president, vice-president, speaker and prime minister could not be heard by the high courts or Supreme Court, but only by a special court to be set up by Parliament.

The Forty-second Amendment was to further curtail the power of the judiciary.