Target Exam

CUET

Subject

Political Science

Chapter

Politics in India Since Independence: Crisis of democratic Order

Question:

Indian elections in 1971 started with congress 'Garibi hatao' slogans. As oil prices increased in the international markets, India too was captured in the inflation. Rising prices of oil, foodgrains and other essential commodities led to massive protests in many parts of the country. Students' protests in Gujarat and Bihar during 1974 led to the emergence of leaders such as Morarji Desai, and Jayaprakash Narayan among others.

Moreover, there was a railway strike organised by George Fernandes to meet the demand of improved working conditions and bonus for the Railway employees. The period also saw the conflict between the judiciary and the executive. This conflict culminated in the famous Kesavananda Bharti case, and later into a ruling declaring Indira Gandhi's election invalid.

As the Allahabad High Court passed a judgement to this effect, the stage was set for a political confrontation between Congress and opposition parties led by Jayaprakash Narayan.

These events finally led to the declaration of emergency by the government on 25th June 1975.

The issue of conflict between the executive and judiciary was over:

(1) Fundamental Rights of people
(2) Decreasing the power of the judiciary
(3) Amending the criminal laws
(4) Appointing the judges of the Supreme Court

Options:

1

2

3

4

Correct Answer:

1

Explanation:

The correct answer is Option 1 - 1

The conflict between the executive and the judiciary during the early 1970s, especially in the Kesavananda Bharati case (1973), was primarily about the extent to which Parliament could amend the Constitution, including the Fundamental Rights of citizens.

  • The Kesavananda Bharati case ruled that Parliament can amend the Constitution, but not the basic structure of the Constitution, which includes Fundamental Rights.

  • This ruling limited the power of the executive and legislature, leading to a confrontation.

  • Later, the Allahabad High Court ruling in 1975 invalidated Indira Gandhi's election, intensifying the conflict between the judiciary and the executive and eventually leading to the Emergency.

Thus, the issue of conflict was centered on the Fundamental Rights of people, making Option 1 the most appropriate choice.

NCERT: This (1970s) was also the period when the government and the ruling party had many differences with the judiciary and there a long drawn conflict between the Parliament and the judiciary? You have studied this last year. Three constitutional issues had emerged. Can the Parliament abridge Fundamental Rights? The Supreme Court said it cannot. Secondly, can the Parliament curtail the right to property by making an amendment? Again, the Court said that Parliament cannot amend the Constitution in such a manner that rights are curtailed. Thirdly, the Parliament amended the Constitution saying that it can abridge Fundamental Rights for giving effect to Directive Principles. But the Supreme Court rejected this provision also. This led to a crisis as far as the relations between the government and the judiciary were concerned.