Opinion Forty Years Ago: Parliamentary System

Indian Express front page on April 14, 1976

The Swaran Singh committee set up to go into constitutional changes held it was unnecessary to abandon the parliamentary system in favour of a presidential one. In its tentative proposals placed before the Congress Working Committee, the committee recommended that a new clause could be added after Article 361 to make it clear that Parliament could amend the Constitution either by adding or varying or repealing a clause. The CWC was in broad agreement with the proposals but felt further clarification would be necessary on some. The committee suggested that the constitutional validity of any legislation enacted by Parliament or state legislature should be decided only by the Supreme Court. For deciding cases questioning constitutional validity, the minimum number of judges shall be seven and the decision should be taken by a majority of two-thirds. The committee felt Article 226 gave very wide powers to high courts on writs. HCs enjoyed more powers than the SC since the latter was restricted to the enforcement of fundamental rights. HCs could entertain writs for “any other purpose”. The committee recommended that the phrase “any other purpose” be omitted.

Bandaranaike Meet

Prime ministers of India and Sri Lanka met briefly in Delhi. Indira Gandhi and Sirimavo Bandaranaike would have a round of talks on Wednesday, focusing on the measures needed to stave off pressures on the non-aligned movement.

Team India Toasted

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President Fakhruddin Ali Ahmed and PM Indira Gandhi congratulated the Indian cricket team for its victory over the West Indies in the Port of Spain Test. The chief minister of Jammu and Kashmir, Sheikh Abdullah, sent a cable to team captain Bishen Singh Bedi saying, “Well done, boys. We are proud of you. The whole country shares your glory.”