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Report No. 46

9. Amendment not to be regarded as raising questions of confrontation.-

If, while discharging its functions, the Supreme Court interprets an ordinary law or a provision of the Constitution in a manner which, in the opinion of Parliament, does not represent the true intention of Parliament, it is open to Parliament to make its intention clear by taking recourse to the suitable, legitimate and well-recognised process of amending the law or the Constitution. But, while this process is in progress, no effort should be made to introduce notions of confrontation between Parliament on the one hand and the Judiciary on the other.



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




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