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Thursday, April 19, 2018

Forty Years Ago: Bar On Constitution

Daphtary said no changes proposed by the Swaran Singh panel should be made during the Emergency.

By: Express News Service | Updated: May 21, 2016 12:05:36 am
forty-years The majority view of the association on the power of judicial review on the constitutional validity of any legislation enacted by Parliament or a state legislature was that the decision of the Supreme Court by a two-third majority was impracticable and unwise.

The Supreme Court Bar Association wanted the parliamentary system of government to be maintained. This view was expressed by C.K. Daphtary, president of the association, to the Swaran Singh committee which was consulting a cross-section of the country’s opinion on the committee’s proposal for reshaping the Constitution. Daphtary said no changes proposed by the Swaran Singh panel should be made during the Emergency. Any such amendment could be effected by the Parliament, if necessary, only after securing the mandate through a general election for the purpose of the amendment. The majority view of the association on the power of judicial review on the constitutional validity of any legislation enacted by Parliament or a state legislature was that the decision of the Supreme Court by a two-third majority was impracticable and unwise. It should be by a simple majority as contemplated in Article 145 (5) of the Constitution.

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