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The Indian ParliamentA Democracy at Work$
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B. L. Shankar and Valerian Rodrigues

Print publication date: 2011

Print ISBN-13: 9780198067726

Published to Oxford Scholarship Online: September 2012

DOI: 10.1093/acprof:oso/9780198067726.001.0001

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Parliament–Judiciary Relationship

Parliament–Judiciary Relationship

(p.246) 6 Parliament–Judiciary Relationship
The Indian Parliament

B.L. Shankar

Valerian Rodrigues

Oxford University Press

From a broadly acknowledged position of the primacy of the Parliament of India in the first two decades after independence, the scale tilted in favour of the judiciary with the Keshavanand Bharati case. The Parliament attempted to curtail the growing influence of the judiciary during the Emergency. But with the Janata Party's rise to power in 1977, the judiciary increasingly assumed the role of being the guardian of the constitution and the rule of law in the country. This chapter highlights some of the major issues of conflict between the Parliament and judiciary such as spheres of authority, secularism and religious belonging, minority rights, religion and worship, democracy and rights, considerations of equality and reservation policy, representation, elections and emergency powers, and the concept of the ‘creamy layer’. It also discusses the issue of judicial activism and its bearing on the Parliamentary domain.

Keywords:   Keshavanand Bharati case, judiciary, secularism, minority rights, democracy, religion, emergency powers, representation, judicial activism

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