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Question -

If amending power is with the elected representatives, judiciary should NOT have the power to decide the validity of amendments. Do you agree? Give your reasons in 100 words.



Answer -

No, I don’t agree on the view because:

  1. During the period of 1970-1980, whatsoever amendments were made, these created a legal and political controversy, only interference of judiciary tackled them.
  2. During the period 1971-1976, the ruling party attempted to subvert the constitution by 42nd amendment Act. Again, judiciary intervened and protected the basic structure of the constitution.
  3. A constitutional legal issue raises the question on the supremacy of parliament but the constitution has given the powers to every organ of government, hence, judiciary enjoys the power to decide the validity of amendments.

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