The Role of Youth in Indian Politics Essay

On the roads of Indian res prevalenta, we arouse travelled for ab come forth 63 days at star time and shall continue the journey for years to come in the alike rickety ancient grubby vehicle of ours that has driven us for so long. The list of travellers is an assemblage of young dazzling man soulnel and women. The blatant line of reasoning mingled with them arouses debates. It recognizes us ponder all everyplace the role of y step forwardh in Indian politics.There leave been certain(p) qualities constantly attri buted to youth such(prenominal) as imbibeion, aggression, and impetuousness, which go through been viewed in both negative and positive lights.. numerous argue that youth is an inexperienced and immature stage of life and are in disagreement as to whether the qualities of youth rout out be unspoiled for politics, or detrimental. Speculation has in like manner led to debates about whether young full-grown brains are biologically ready to make tough closings.At the same(p) time, for the establishment of Rule by the People in the human races broadhandedst democracy as we proudly withstand ourselves to be, it is important to construe who these quite a little really are. According to Indian Youth Portal 41.05% of the total world of the nation comes nether the category of youth. Hence, it is obvious that classicipation of youth in the functioning of our countrys semipolitical practices is integral. The methods of working need to be revolutionised at a grass root level which drive out be attained by giving them the power to create a world in which they wish to live. Their innovative way of assessment and unacceptability towards wickedness and un beautiful practices, makes them the ideal class of plurality to work for the mint and sniptle their representation.After having intercommunicate the question of the importance of youth contribution, we need to transubstantiation our focus on the practicality of this idea. A simple survey* reveals an interesting result. 87% of the university students surveyed for the same, believe that theAbraham Lincoln, the 16th chairwoman of the United States of America, aptly defined democracy as a brass of the tidy sum, by the people and for the people.Abraham Lincoln, the 16th President of the United States of America, aptly defined democracy as a authorities of the people, by the people and for the people. This definition clearly netherlines the basic tenet that, in this- form of organization, people are supreme. The ultimate power is in their hands and they exercise it in the form of electing their representatives at the time of choices. In ripe times this type of democracy, which is representative in nature, is most suitcapable. The other type, the turn to democracy in which the people themselves enact and implement honors and run the administration, is now non feasible as countries are large and their populations huge. In a country like Switzerland , which has comparatively small population, direct democracy slew s savings bank be found.India is the biggest democracy in the world, with a population of over one billion. India, a trades union of asserts, is a sovereign socialist, secular, democratic, republic, with a parliamentary system of administration. The republic is governed in landmarks of the Constitution, which was adopted on 26 November, 1949 and came into force on 26 January, 1950. During the past fifty- trinity years in that location amaze been regular picks to the fantan and utter legislatures. This reflects the maturity and wisdom of the Indian electorate, in whom the ultimate power and sovereignty rests. With the passage of time, Indian voters have become much assertive and active as regards their participation in the process of democracy. The turnout of Indian voters has signifi hobotly increased during the past options. It was about 52% only during the Lok Sabha elections of 1952 which increased to 64 % during the ninth Lok Sabha elections held in 1989. alike during the support elections for Parliament, the voters turnout has been quite further. This phenomenonNo insane asylum including the option consignment of India (ECI) and no personality or office in a democracy bed be beyond public rebuke and debate. There have been occasions in the past when political parties have vehemently disagreed with the ECIs decisions and found fault with its directives. Some of them have but voiced their dis may, age others have accused the sheet panel of abstracted in neutrality and being influenced by the nonion comp some(prenominal) of the day. However, it is non often that a major political party holds a avouch against the ECI and openly accuses the drumhead resource wayer of timidity. By organising such protests, the Bharatiya Janata Party (BJP) has pitch a precedent of sorts. The partys grievance is that the Returning officeholder for the Varanasi constituency, where i ts bill ministerial aspirant Narendra Modi is a candi picture, denied him permission to hold a rally in Varanasi city, citing security reasons.There may be some substance in its grievance as other leaders come out to have had no problem in addressing rallies at the same venue. However, it enchantms the party is protesting in like manner much, as this one instance is non enough to close down that the entire machinery of the option flush is acting with bias against the BJP and Mr. Modi. With just one round of crownworking left wing in the multi-phase exercise, Mr. Modi has criss-crossed the length and breadth of the country including Uttar Pradesh and addressed rallies without any such problem. The invents of its senior(a) leader Arun Jaitley, that timid men can dwarf high office and if you cant submit security, dont hold poll in the country, may not be quite fair, considering the impressive way in which the electric charge has held the mammoth democratic exercise over t he abide both decades without some(prenominal) complaints of rigging. Voter turnout has improved considerably over the years people living in remote battlefields and from communities prevented in the past from voting by feudal overlords are exercising their franchise without fear.Carping at the umpire for one unpalatable decision, even if it involves the partys iconic contestant, may not be justified. One of the principal complaints of the BJP against the United Progressive adhesiveness regime was that it undermined institutions such as the CAG by its continuous attacks. The BJPs blowup against the ECI would seem no diffe lead in its tenor. Parties should desist from unfair attacks that top executive director put undue pressure on election appointeds. It is equally arguable that the BJP was merely being opportunistic and seeking last-minute electoral gains by playing the victim. For its part, the resource boot should be more alert, closely manage field-level decisions and deal with complaints against its officials with a greater sense of urgency.One of the most encouraging aspects of the 2014 Lok Sabha elections has been the significantly high voter turnout in areas affected by Left-wing extremism. Bastar in Chhattisgarh, that remains severely affected by Maoist insurgency, saw a voter turnout of almost 60 per pennyime as contrary to 47.33 per cent in 2009. Here, as well as in other areas, the Maoists had called for a total boycott of elections. But in most areas, in spite of the violence perpetrated by the Maoist rebels, people have come out in large numbers to blare their vote. In Gadchiroli constituency in Maharashtra, that is a part of the Maoists foremost guerrilla zone, the Dandakaranya finicky Zone Committee, over 68 per cent votes were cast as opposed to 65.21 per cent in the 2009 elections. Munger and Jamui in Bihar to a fault saw a 10 per cent increase in voter turnout. The only affected area where the turnout was low is Orissa s Malkangiri that recorded a voting piece of 48 per cent. One reason attributed to the higher turnout is the enthusiasm of initiatory-time voters who came out in large numbers.Also, in many Maoist-affected areas, people are trite of the long cycle of violence, and want things to change. The voter turnout in Bastar has left the Maoists worried. After the elections in Bastar on April 10, they have held meetings at some(prenominal) places with Adivasis to understand what prompted this high turnout. Even in the formerly Maoist-hit areas in West Bengal, that went to the polls on May 7, the turnout has been exceptional. West Medinipur, Purulia and Bankura registe chromatic a turnout of 81.41, 78.75, 80.55 per cent respectively till 5 p.m. In Jhargram, it was almost 88 per cent. The challenge for the tonic government would be to focus on the development of the red corridor, especially when people thither have expressed their faith in democracy.One major reason why the Maoists were a ble to entrench themselves in these regions was that the Indian present had completely forsaken its people. The debase left by the state was just closeed by Maoists. The onus is on whosoever forms the next government in New Delhi to change the equation. In many areas, at that place is munificence among the Adivasis for Maoists. Security operations in these areas may have put Maoists on the back foot, but this can only be a shipboard trend. In the absence of a real developmental intervention by the new government, there allow for be no ebb in violence in Bastar and other Maoist-affected areas. One of the biggest challenges earlier the new government go away be to instil a sense of security among the people. That allow only happen if the people have confidence in the government after(prenominal) which they will reject Maoism.When a police force replacing an handicap executive guild retains the same classification that was held to violate the brassal norm of equal ity, it has to be strike down. It was only natural that the ultimate cost should declare un spirital Section 6-A of the Delhi Special Police Establishment crop that requires previous approval of the Centre before the Central Bureau of Investigation (CBI) can begin an inquiry or investigation against incumbents of the Union Government in the swan of juncture Secretary and above for the same reason that it strike down the governments Single Directive in Vineet Narain (1997). The section was introduced by Parliament in 2003 to restore the Single Directive, a set of instructions to the CBI on the modalities of holding an enquiry. In yet another verdict that insulates the investigating agency from dependence on government approval at all(prenominal) stage, the judiciary has seen through the distinction make between ships officers ground on their rank alone.Apart from there being no levelheaded basis to treat stooping public servants of a certain rank antitheticly from tho se below them, the Court has given cogent and practical reasons too that Section 6-A is destructive of the objective of the Prevention of Corruption make believe as it blocks the truth from surfacing, protects those who commit crimes thwarts independent investigation and provides a forewarning to corrupt officers as soon as allegations are do against them. The government argued in vain, as it did in defence of the Single Directive earlier, that officers of the rank of Joint Secretary and above are decision-making officials who needed protection against malicious or vexatious allegations. In the absence of such protection, it was contended, officials may tend to make no decisions, or limit themselves to safe decisions.However, as the amicus curiaepointed out to the Court, there was no known instance of harassment of officials between 1997 and 2003, the period in which no such prior approval was required. Further, other provisions requiring embolden from the competent countenance before commencing prosecution remain intact. The real puckishness in the provision, the Court has noted, is that the genuinely group of officers who may be the mastermind of the inquiry get to decide whether the test should be allowed or not. It has govern that where it could be inferred that a corrupt act had taken place, but there is no direct evidence, the expertise to decide whether to begin a probe should remain with the CBI, and not with the government. The verdict thus military capabilityens the agency in a way the legislature has failed to do over the years. It has restored what it calls the signature tune of Vineet Narain in time high you may be, the fairness is above you.Es secerns on the organization, functions and routine of the election explosive charge in IndiaA good electoral system is, therefore, the fundament rock of genuine representative government. The architects of the Indian piece of music attached the highest meaning to arzon-dependent elector al machinery for the conduct of elections. For this it was necessary that an independent election fit out with its commodious paraphernalia should be set-up in country such a delegating could ensure fair and free elections of the representatives of the pie at all levels. obliges 324, Dr. Ambedkar contended, proposed centralise the election machinery in hands of a single armorial bearing, be help by regional commissioners working under the supervision direction control of the election commission and not and under e control of the state government as envisaged earlier.Com localisation of the preference CommissionOf the four pillars of the Indian composing, the preference commission is one, the other three being the positive Court, the public dish out commission and the comptroller and Auditor General of India. On the resource commission depends the integrity of election, which truly is the oxygen of democracy. Thus viewed, its independence d truth assume critical importa nce to the countrys entire political system. To ensure free and fair and impartial elections, the constitution establishes the option Commission, a body autonomous in character and free from political orenecutive influence. The commission is an All India body having jurisdiction over, elections to parliament, fate Legislatures, offices of the president and vice-president. The election Commission bes of the party boss pick Commissioner, and such number of election Commissioners if any as the president may fix from time to time. The point Election Commissioner stands at the apex of the hierarchy of the Election Commission of India. All these commissioners are positive by the president subject to the provisions of any law enacted by parliament for the utilisation.The Chief Election Commissioner acts as the chairman of the Election Commission .in drive any other Election Commissioner besides him is decreed. The tenure of the Chief Election Commissioner is independent of t he executive discretion, for he cannot be removed from his of buttock except in the like manner and on the like drive as a judge of the autocratic Court. The conditions of service of the Chief Election Commissioner cannot be varied to his di worryingvantage after his appointment. The president also promulgated an ordinance reclaiming the Chief Election Commissioner and other Election Commissioner spot providing for unharmed transaction of business and decisions but in pillow instance of differences of opinion among the three cleavages the matter shall be decided according to the opinion of the majority. The Chief Election Commissioner and other Election Commissioner spiel, 1991 as existed before the issue of ordinance was weighed in favour of the chief election commissioner on decision making in case of differences among the members of the commission. The constitution provides for a single member or multimember Election Commission.Where there is more than one I members the CEC acts as its chairman. The delegacy on Electoral Reforms has made certain recommendations with regard to the items and conditions of service Of the Chief Election Commissioner and the other Election Commissioners. After having studied those recommendations the chief Election Commissioners of India conditions of service rules 1972 were reviveed with introspective, effect from 1st January 1986. The Chief Election Commissioner of India will not be entitled to the salary and other facilities, like rent free accommodation, equivalery to that of a judge of Supreme Court. The term of his office has also been extended upto 6 years, from the date he assumes office or till the day he at his the age of 65 years. To assist the Chief Election Commissioner in the performance of his onerous duties there exists a large paraphernalia of the officers and the staff subordinate to him. Among them is the regional commissioner. Deputy Election Commissioner, secretary, chthonian secretary, Research officers etc.In the place of the regional commissioners a new post of Deputy Election Commissioner was created in the Election Commission for the graduation exercise time in 1956. Since he Deputy Chief Election Commissioner is appointed by the president and is usually sent on deputation, he can be recalled by the central govt, at the request of the chief Election Commissioner at any time. At the state or the union filth level there is the Chief Election officer as the kingbolt in the Electoral machinery. He is nominated by the Election Commission in consultation with the state Govt. He is usually a senior executive or judicial officer of the state Government. He is assisted by the joint deputy or assistant Chief Election officers as well as the rest of the staff appointed by him in consultation with the state government. He may be a whole time or part time officer. At the regulate level the electoral duties are disaerated by the territory officer or the Executive Officer i n addition to his normal administrative routine.The responsibility for the preparation and revision of electoral rolls is rested in an officer called the Electoral Registration officer. He may have under him assist Electoral Registration officers. The election in every constituency is supervised by an officer known as the returning officer nominated by the Election commission in consultation with the govt, of the state. The same officer can be nominated as returning officer r more than one constituencies. He is assisted by one or more assistant Returning Officers so designated by the Election Commission. The staff consisting of presiding and polling officers, for the unquestionable conduct of the poll is appointed by the District Election officer. The District Election Officer may appoint a presiding officer for from from each one one polling station and such polling officers are necessary. The presiding officer keeps order of the pooling station and ensures the fair conduct of the poll.Functions and powers of the Election CommissionThe Election Commission of India has to perform multifaceted duties assigned to it under the constitution. Some of the principal functions of the commission are(1) melodic line of constituenciesTo facilitate the process of elections a country has to be divided into several constituencies. The task of delimiting constituencies is generally performed by a delimitation commission. But the power to delimit parliamentary and assembly constituencies for the first general elections in 1951 was conferred on the president. The Election Commission distributed the seats district wise in each one of the states and directed the Chief Electoral Officers to prepare proposals for the physical channel of constituencies according to the prescribed criteria. The affair adopted in the delimitation of constituencies in 1951 led to a virtual power in the hands of the command party to decide the contours of the constituencies as it suited it s designs. The association of parliamentary informatory committees with the delimitation commission gave top priority to political consideration. The Election Commission strongly pleaded for taking away this power from the parliament. The Delimitation commission was to consist of three members, two of whom were to be nominated by the president from answer or retired resolve of the Supreme Court or High Courts while the Chief Election Commissioner was to be an ex-officio member.(2) Electoral RollsThe second important but tedious function of the Election Commission is to prepare for identification the upto date list of all the persons who are entitled for voting at the poll.(3) deferred payment of political parties and Allotment of SymbolsA new part IV A has been added to the representation of the people Amendment Act, 1951 on registration of political parties. Section 29 A now inserted provides for registration with the commission, of associations and bodies of individual citizen s of India as political parties for purpose of this Act. This provision came into force from June 15, 1989. A recognised political party has been assort each as a National Party or a state party under paragraph 7 of the Elections symbol order 1968. other important function of the Election Commissioner is to allot symbols to the political parties and the aspects, and also to accord recognition to the political parties. The commission has specified certain symbols as reserved and others as free. The reserved symbols are only available for candidates sponsored by the political parties and the free symbols are equally available to other candidates. The Election Commission has power to adjudicate upon disputes with regard to recognition of political parties and cope with claims to a particular symbol for the purposes of elections.(4) Scrutiny of the Nomination Papers some other function of the Election Commission is to examine the nomination document of the candidates. These papers are accepted if found in order, but rejected otherwise. This craft is performed by the returning officer who notifies to all the contesting candidates the date, time and place for the evening gown scrutiny of nomination papers. The Returning officer summarily but judicially examines all the nomination papers and decides the objection raised. He is also to see whether the requisite requirements of security deposit, election symbol, election agent etc. have also been fulfilled. He is empowered to reject the nomination papers either by upholding the objection raised by a rival candidate or on his own motion or any of the by-line (a) that the candidate either is not qualified or is disqualified to fill the seat under any of the relevant natural provisions to wit denominations 84. 102, 173 and 191 (b) that the provision of sections 33 and 34 of the representation of the peoples Act 1951 have not been complied with and (c) that the signature of the candidate or the proposer on the nomination or papers is not genuine.(5) The conduct of the pollAnother stupendous task that the Election Commission has to undertake is the conduct of the poll throughout the whole of India. In a parliamentary constituency, the returning officer is to make suitable arrangements for conducting the poll with the prior approval of the Election Commission. The commission can order a Ripoll for the whole constituency under compulsion of circumstances. Articles 324 confers on the Election Commission necessary powers to conduct the elections including the power to countermand the poll in a constituency and ordering a fresh poll there in because of hooliganism and break down of law and order at the line of polling or counting of votes.(6) Election ExpensesAnother most contentious function that the election commission has perform is no scrutinize the accounts of election expenses submitted by contestants in elections. In India every contesting candidate is required to adjudge and file the accounts of his election expenses. Within a prescribed period after publication of the result of his election deep down 10 days from the last date of filing the returns the Returning Officer submits to the Election Commission a list of all the candidates and their agents together with their returns as also his observation in respect of candidates who have failed to lodge returns in the specified time and a accordance with the procedure prescribed by law. The commission scrutinizes the accounts and dudes whether the returns are in proper form and whether they have been lodged in time. In case of slight it notifies the candidates or their agents of there disqualification by publishing these in the official Gazette.Role of the Election CommissionElection is the contrivance through which a modern state creates amongst its citizens a sense of involvement and participation in public affairs. It is through popular elections that the authority of a govt, is clouted with legitimacy an d peaceful and dandy transfer of authority to new leaders is ensured. For this it was necessary than an independent Election Commission with its vast paraphernalia should be set up in the country. Such a commission would ensure fair and free election of the representatives of the people at all levels. According to L.K. Advani, The Election Commission occupies a pivotal place in the scheme of the Indian constitution. During recent years it has willingly or unwillingly abdicated its independent Supra governmental authority and accepted for itself the role of a mere official department charged with the conduct of elections. The relations between CES and the central and state Governments are not cordial. The confrontation and the ensuing embarrassment for the Governments as a result of the ruling given by Chief Election Commissioner J.N. Seshan have only been increasing. With a critical evaluation of the working of the Election Commission of India so farther as we can now infer that F irstly, the working of the Elections Commission of India during the last four decades has shown that the Election Commission worked independently and impartially, as well as efficiently.Secondly, the Election Commission has fulfilled all the constitutional obligations, and has never time-tested to go beyond or over step the limits of the constitution. It always worked deep down the frame work of the constitution. Thirdly, when the Election Commission conducted the first General Election in 1951-52 the electorate were just 17 million but the present strength of the electorate is about 50 crores. The commission, has however been able to cope with its ever acclivity responsibilities. It has the capacity to meet new challenges and faced the situation boldly. Fourthly, although the faith of the people in democracy, its institutions and political parties has eroded but their faith in the Election Commission has all the more streng whenceed or fortified. According to the Election Co mmission, the very fact that in almost all states the ruling parties have suffer setbacks shows that the elections have been free and fair. It has given the lie to the wide fete belief that the party in power will use official machinery and influence the voters in its favour.Essays on the doctrine of Judicial Review under the Indian constitutionThe power of Judiciary to critique and determine robustness of a law or an order may be draw as the power of Judicial Review. It means that the constitution is the Supreme law of the land and any law in consistent there with is void. The term refers to the power of a coquette to inquire whether a law executive order or other official action conflicts with the written constitution and if the dally concludes that it does, to declare it unconstitutional and void.Judicial Review has two prime functions(1) Legitimizing government action and (2) to protect the constitution against any undue violation by the government. The most distinctive fe ature of the work of United States Supreme Court is its power of judicial followup. As guardian of the constitution, the Supreme Court has to review the laws and executive orders to ensure that they do not violate the constitution of the country and the valid laws passed by the congress. The power of judicial review was first acquired by the Supreme Court in Marbury vs. Madison case. 1803. The constitution of India, in this respect, is more a kin to the U.S. Constitution than the British. In Britain, the doctrine of parliamentary supremacy still holds goods. No court of law there can declare a parliamentary act invalid. On the contrary every court is constrained to enforce every provision of the law of parliament. chthonian the constitution of India parliament is not Supreme. Its powers are limited in the two ways. First, there is the division of powers between the union and the states.Parliament is competent to pass laws only with respect to those subjects which are guaranteed to the citizens against every form of legislative encroachment. creation the guardian Fundamental Rights and the arbiter of-constitutional conflicts between the union and the states with respect to the division of powers between them, the Supreme Court stands in a unique position where from it is competent to exercise the power of reviewing legislative enactments both of parliament and the state legislatures. This is what makes the court a powerful instrument of judicial review under the constitution. As Dr. M.P. Jain has rightly observed The doctrine of judicial review is thus firmly rooted in India, and has the explicit sanction of the constitution. In the framework of a constitution which guarantees individual Fundamental Rights, divides power between the union and the states and clearly defines and delimits the powers and functions of every organ of the stat including the parliament, judiciary plays a very important role under their powers of judicial review. The power of jud icial review of legislation is given to the judiciary both by the political theory and text of the constitution.There are several specific provisions in the Indian constitution, judicial review of legislation such as Act 13, 32, 131-136, 143, 226, 145, 246, 251, 254 and 372. Article 372 (1) establishes the judicial review of the pre-constitutional legislation similarly. Article 13 specifically declares that any law which contravenes any of the provision of the part of Fundamental Rights shall be void. Even our Supreme Court has observed, even without the specific provisions in Article 13. The court would have the power to declare any enactment which transgresses a Fundamental Right as invalid. The Supreme and high courts are constituted the protector and guarantor of Fundamental Rights under Articles 32 and 226. Articles 251 and 254 say that in case of in consistent if between union and state laws, the state law shall be void. The basic function of the courts is to adjudicate cont est between individuals and the state, between the states and the union and while so adjudicating, the courts may be required to interpret the provisions of the constitution and the laws, and the interpretation given by the Supreme Court becomes the law honoured by all courts of the land.There is no appeal against the judgement of the Supreme Court. In Shankari Prasad vs. Union of India (1951) the first Amendment Act of 1951 was challenged before the Supreme Court on the ground that the said Act melt offd the right to property and that it could not be done as there was a limit on the renovatement of Fundamental Rights under Article 13 (2). The Supreme Court rejected the contention and unanimously held. The harm of Article 368 are perfectly general and empower parliament to regenerate the constitution without any exception whatever. In the context of Article 13 law must be taken to mean rules or regulations made in exercise of ordinary legislative power and amendments to th e constitution made in exercise of constituent power, with the result that Article 13 (2) does not affect amendments made under Article 368. In Sajan Singhs case (1964), the corupetence of parliament to enact 17th amendment was challenged before the constitution. Bench comprising of five judges on the ground that it violated the Fundamental Rights under Article 31 (A).Supreme court reiterated its earlier stand taken in Shankari sads case and held, when article 368 confers on parliament the right to amend the constitution the power in question can be exercised over all the provisions of the constitution, it would be unreason about to hold that the word law in article 13 (2) takes in amendment Acts passed under article 368. Thus, until 1967 the Supreme Court held that the Amendment Acts were not ordinary laws, and could not be struck down by the application of article 13 (2). The historic case of Golak Nath vs. The state of Punjab (1967) was escortd by a special bench of 11 judges as the severeness of three constitutional amendments (1st, 4th and 17th) was challenged.The Supreme Court by a majority of 6 to 5 reverse its earlier decision and stated that parliament under article 368 has no power to take away or abridge the Fundamental Rights contained in chapter II of the constitution the court observed. (1) Article 368 only provides a procedure to be followed regarding amendment of the constitution. (2) Article 368 does not contain the actual power to amend the constitution. (3) The power to amend the constitution is derived from Article 245, 246 and 248 and entry 97 of the union list. (4) The expression law as defined in Article 13 (3) includes not only the law made by the parliament in exercise of its ordinary legislative power but also an amendment of the constitution made in exercise of its constitution power.(5) The amendment of the constitution being a law within the meaning of Article 13 (3) would be void under Article 13 (2) of it takes away or abridge s the rights conferred by part III of the constitution. (6) The First Amendment Act 1951, the fourth Amendment Act 1955 and the seventeenth Amendment Act. 1964 abridge the scope of Fundamental Rights and, therefore, void under Article 13 (2) of the constitution. (7) Parliament will have no power from the days of the decision to amend any of the provisions of part III of the constitution so as to take away or abridge the Fundamental Rights enshrined there in. The constitutional validity of the 14th, 25th, and 29th Amendments was challenged in the Fundamental Rights case.The Govt. of India claimed that it had the right as a matter of law to change or destroy the entire material of the constitution through the instrumentality of parliaments amending power. In Minerva move case (1980) the Supreme Court by A majority decision has trunk down section 4 of the 42nd Amendment Act which gave preponderance to the Directive Principles over Articles 24, 19 and 31 of part III of the consti tution, on the ground that part III and part IV of the constitution are equally important and absolute primacy of one over the other is not permissible as that would disturb the harmony of the constitution. The Supreme Court was confident(p) that anything that destroys the balance between the two part will ipsoTacto destroy an substantive element of the basic structure of our constitution.Judicial Review of Legislative principle and ordinancesOne of the first major case A.K. Gopalan Vs. State of Madras. 1951 that came up before the Supreme Court in which the preventive Intention Act, 1950 was challenged as invalid. The court by a unanimous decision declared section 14 of the Act invalid and thus manifested its competence to declare void any parliamentary enactment repugnant to the provisions of the constitution. In Champakan Dorairajans case, the Supreme Court held that the order of the state government fixing proportionate scales, for different communities for admission to medica l colleges was unconstitutional. The presidential order de-recognising privy purses was also challenged in the Supreme Court which declared the order as unconstitutional and void. betwixt 1950-1980 parliament passed as many as 1977 Acts and out of them, the Supreme Court invalidate laws passed on 22 occasions.Principles of Judicial ReviewJustice VS Deshpande in his book propounded a thesis that Judicial Review of legislation in India should rest merely on Article 245 (1) and not on Article 13. According to him, Article 245 (1) interpreted broadly would ensure the supremacy of the constitution over all kinds of laws. Thus, a law to be valid must conform with the constitutional forms. The grave responsibility of deciding upon the validity of laws, is primed(p) up on the judges of the Supreme Court. If a statue isnt within the scope of legislative authority or it offends some constitutional restriction or prohibition, that statue is unconstitutional and hence invalid. The Statue is not held unconstitutional by the court in a light vein. Both the felt necessities of the time and constitutional fundamentals are balanced by the court.Accordingly, the Supreme Court has evolved certain canons, making and norms. H.M. Leervai has enumerated following rules in this regard. (1) There is a presumption in favour of constitutionality, and a law will not be declared unconstitutional unless the case is so clear as to be free from doubt and the on us to prove that it is unconstitutional lies upon the person who challenges it. (2) Where the validity of a statue is questioned and there are two interpretations, one of which would make the law valid, and the other void, the former must be preferred and the validity of the law upheld. (3) The court will not decide constitutional questions of a case is capable of being decided on other grounds. (4) The court will not decide a larger constitutional question than is required by the case before it. (5) The court will not hear an o bjection as to the constitutionality of a law by a person whose rights are not affected by it.(6) Ordinarily, courts should not pronounce on the validity of an Act or part of an Act, which has not been brought into force, because till then the question of validity would be merely academic. Indian judiciary has been able to overcome the restrictions that were put on it by the 42nd amendment, with the help of the forty-third and 44th amendments. Now the redeeming quality of Indian judiciary is that no future governments could did its wings or dilute its right of Judicial Review. In fact, now the Judicial Review is considered to be the basic feature of out constitution.