Post-Fractured Political Mandate: Will the Judiciary Rise to Meet Challenges to the Indian Constitution?

Keywords: Indian Constitution, Supreme Court, Chief Election Commissioner, PMLA, Citizenship Act, Finance Act, Aligarh Muslim University, judiciary independence

In the wake of a fractured political mandate, the role of the judiciary in upholding the basic features of the Indian Constitution is under intense scrutiny. The recent electoral exercise in India, which many view as a referendum on the fundamental aspects of the Constitution, has spotlighted several contentious legal and constitutional issues that the judiciary must address decisively.

Key Constitutional Challenges Awaiting Judicial Review

1. Chief Election Commissioner and Other Election Commissioners (Appointment, Conditions of Service, and Term of Office) Act, 2023: The Supreme Court has yet to hear challenges to the 2023 Act, which controversially excludes the Chief Justice of India (CJI) from the committee responsible for appointing the Chief Election Commissioner and Election Commissioners. This exclusion raises significant questions about the independence and impartiality of the Election Commission.
2. Prevention of Money Laundering Act, 2002 (PMLA): The validity of the PMLA and the correctness of the Supreme Court’s judgment in Vijay Madanlal Choudhary vs. Union of India, which upheld contentious provisions of the PMLA, are likely to be re-examined. Critics argue that the PMLA has been misused for political purposes, targeting opposition parties and legislators.
3. Finance Act, 2017: The legitimacy of passing the Finance Act, 2017, as a money bill, which introduced significant changes to the PMLA, remains in question. A larger bench of the Supreme Court is expected to hear this issue, which has broader implications for legislative procedures and executive accountability.
4. Section 6A of the Citizenship Act, 1955: The Supreme Court’s pending judgment on the validity of Section 6A, which provides legislative sanction to the Assam Accord and extends citizenship to individuals who entered Assam up to March 24, 1971, is crucial. The law faces challenges on the grounds that no illegal immigrants entering India post-1947 should be granted citizenship.
5. Aligarh Muslim University as a Minority Institution: A seven-judge bench is set to rule on whether Aligarh Muslim University qualifies as a minority institution under Article 30 of the Constitution, which allows minorities to establish and administer educational institutions. This decision will significantly impact the interpretation of minority rights in India.
6. Sub-classification within Scheduled Castes and Scheduled Tribes: The judiciary will also determine the validity of state governments’ power to sub-classify based on relative backwardness within Scheduled Castes (SC) and Scheduled Tribes (ST). This decision could affect whether sub-groups, including de-notified tribes and Vimukta Jatis, receive separate quotas within SC/ST reservations.

The Judiciary’s Crucial Role

The judiciary’s ability to address these critical issues independently and impartially will determine whether it can uphold the Constitution’s integrity amidst political turbulence. The Supreme Court’s decisions on these matters will shape India’s democratic and constitutional landscape significantly.

Conclusion

Only time will reveal whether the judiciary can reclaim its independent voice and meet the constitutional challenges posed by a fractured political mandate. For the sake of India’s democratic and constitutional integrity, it is imperative that the judiciary rises to the occasion sooner rather than later.

For ongoing and detailed coverage of legal developments, business news, and real-time updates on law and politics, visit Kanishk Social Media. If you found this article informative, please share it with a friend!