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Legislature and Judiciary

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Legislature and Judiciary
There has been a game of tug of war between the legislature and judiciary from the early days of implementation of the constitution . The problem started when the judicial interpretation of property clause was considered as ambiguous by legislature and led to the amendment of the constitution .The tension between the legislature and judiciary has been discussed in paper on the basis of 3 points :1.’ the judicial approach to legislation particularly in the public welfare field’ ,2.’ the legislative reaction to judicial interpretations of the Constitution’ 3., the judicial attitude towards legislative privilege.
The problem of the judiciary is regarding the power of parliament to amend the constitution. The parliament can change/amend the constitution by simple majority.this gives the legislature a power to nullify judicial decisions by way of constitutional amendments.on the other hand the cause of tension for the legislature is due to the power of judicial review granted by the constitution,The reasons why the legislature oppose judiciary are 1judiciary had convicted many legislators in pre independence days .2since legislators drafted the constitution they consider themselves better qualified to interpret the laws made by them 3.they consider lawyers as persuasive people
The real problem between judiciary and legislature can be seen when it comes to the matter of social reforms.the legislature says it works for the welfare of the public and it better knows what is good for the community but the power of deciding what is good for the vox populi is given by the constitution to the judiciary which adds to the tension of judiciary and legislature.the tension between legislature and judiciary gets more complicated when it comes to the matter of fundamental rights.in case of state of Bombay vs R.M.D.Chamarbaugwalla the legislature imposed tax (double tax)on the petitioner who was conducting crossword puzzles claiming that it was a sort of gambling but the high
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