If you do constitutional amends naturally you land into the forbidden territory - like Lakshmana rekha - if you cross then you did interfere with constitution - then for what is long term is the rule of law not for any short term purposes that way any 5 yr governments in india indulge in all kinds of short termism that land you in too many conflict of laws; so better restrict the legislatures indulging in short term regulations by the so called novice law makers who do not know what shd be the law, they think they are not amenable but people that is super foolhardy approaches of politicians in legislatures and parliament; i would recommend to High courts and the Apex court simply use doctrine of severability of sections or just declare 'ultra vires' the very such meaningless statutes for that purpose only you have constitutional courts in india or any where in the world.
to solve , never permit the parliament to cause any dent on constitutional articles, for constitution is the religious document of the people like Bible, Islam. Hinduism, Shintoism, ; you see if you touch religious clauses, how people fight, same way the judiciary need to protect the constitutional tenets - then there will be least conflict of laws is my honest view.
I believe that nyAy will be best served when all those who interpret and judge what is nyAy, be it whichever pillar of democracy he/she belongs to, feel that all "pillars" Are subservient and answerable to the true mAsters in a democracy, the people.
Problems arise when Judge from any one "pillar", is in doubt/ignorance of what the true mAsters think about a particular issue on hand.
For instance, SC wAs, in my opinion rightly dragging its feet on decision on the late CM, JJ of TN, since she had been given a clear acquittal by the people! But when it came to her accomplice, VKS, SC had to be pushed, I think, by BJP/Governor, rightly, to respect the peoples' majority opinion to disqualify VKS in time, and save a TN-resident like me from huge unnecessary losses.
When the "Judges" in both Houses of PArliament and 15 State Legislatures wAnted Collegium to be under better national management, 5 Judges form SC wish to undo it!
In my own personal case in Ajaya Maeru(Ajmer), this GAndhian JatAyu wAs "acquitted" on 3/9/16, based on a desirable-in-BhArath, GAndhian rAjinAmA, by myself and my once-complainant, but the Judge, ADJ-4 required me to "keep peace" with mysterious persons, that he only knew, till 3/3/17, could not publish my acquittal of 3/9/16 till date, and needs a big Maeru-like push, NOW, to give me mukthi from his clutches, at least after the expiry of his own deadline, on 3/3/17. But he can be reckless since there is none to question him! "My" Advocate seemed to know the mysterious persons who needed peace from me, and wont respond to me to tell me, what the hell, the RAvaN-RAjAsthAn Judiciary has still to do with me. That is the problem in BhArath! SC will sleep on my latest Petition, Diary No.14108/2017, to it, on the subject of above cruel "dhAmAyaN", this dhAm is undergoing from 4/12/13, including an immoral kidnap by Jaipur HC, in 2015 !; and SC may tell me after a few days, like it did once before, it did not "understand" me, wont call me to discuss, as I offered many times, and may "file/lodge" my Petition!
This article shows the ignorance and inadequate knowledge of the author.
While writing this ostentatious opinion, one should have remembered the reason why our country stands the way as it is.
The reason behind division of powers between states and Centre is to establish a federal nation as the governance can be carried out expeditiously as compared to unitary form of government.
Secondly, the ridiculous opinion of placing the judiciary below the executive is the worst prospect anyone can imagine.
Judiciary, because of its independence only, is able to prevent the non-democratic and unconstitutional actions of government.
If it was not the judiciary, each and every government had taken up the role of dictator as there were to be no independent judges jotting down judgements against such governments and the author couldn't have the freedom to write such baseless opinions.
For knowing more about consequences of judiciary under executive, read the books and acknowledge how harm India suffered as the courts were under control of government at the times of British. Every judge who gave judgement against the British governors were removed. This is why after independence, the Constitution put at the top the supremacy of Constitution and Judiciary.
This is a wonderful suggestion Pradeep. I agree with you completely.
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