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Report No. 46

6. No question of confrontation between Parliament and Supreme Court.-

After the judgment of the Supreme Court in Golak Nath's case was pronounced, there has been a national debate in regard to the merits of the decision in the said case. In this debate, advocates of the view propounded by the majority in Golak Nath's case, as well as those who are critical of that view have used strong words, such as,the Supremacy of the Judiciary, encroachment on fundamental rights, introduction of totalitarian concepts in the democratic set-up of our country, or tyranny of the Judiciary; and naturally, the introduction of such political overtones in this national debate has created an appearance of confrontation between Parliament and the Supreme Court. The Commission, however, does not regard the situation created by the majority decision in Golak Nath's case as necessarily leading to any conflict between the two great institutions, viz., Parliament and the Supreme Court.

The Constitution (Twenty-Fifth Amendment) Bill, 1971 Back

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