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by ta_vf7xjd34cc
655 days ago
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> In India, the Judiciary has primacy over legislative. You should read the Constitution before making random statements like these. The Parliament is supreme because every part of the Supreme Court (size, age of the judges etc) is in the hands of Parliament. Unfortunately, like most countries including the United States, politicians prefer to use the Supreme Court to tackle knotty political issues. So, from the outside, it looks as if these courts are all powerful. Till someone proves that they are not. Like Indira Gandhi did during the Emergency. The US has Marbury v. Madison. We have the Basic Structure Doctrine. The SCI invented a "Collegium" in the same way that they did the BSD. I am not going to go into whether these things are good or bad. If the President asked the judges to go pound sand, there is nothing can can do about it except hold a press conference. I consider the striking down of the NJAC to be illegitimate. If the government of the day had a backbone, every single judge would have been impeached. |
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The NJAC ruling still stands in 2024 and that set the precedent for judicial primacy in India.
Until a constitutional amendment gets passed that legislates a direct path forward, it will stand.
> The US has Marbury v. Madison
And India has SCAORA v. UOI 2014 which is functionally the same.
> BSD
BSD is functionally the same as the American constitution and Bill of Rights.
> If the President asked the judges to go pound sand, there is nothing can can do about it except hold a press conference
The President in the US is the executive, not the legislative branch.
> every part of the Supreme Court (size, age of the judges etc) is in the hands of Parliament
This is the same in the US, but for customary reasons Congress has not touched this can of worms.
The same showdown Modi and the Collegium had over NJAC is very similar to the showdown FDR and the Supreme Court had over the Judicial Procedures Reform Bill of 1937.
Modi ended up in the same position and the exact same kind of loss like FDR did in 1937.