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A party with 2/3 majority in one house and simple majority in another could simple sack Judges at will until it gets Judges that it want in Supreme court.
Practically, any part of constitution could be changed, if you have enough numbers.
Note: I am not of opinion that Parliament should have draconian rights.
I am talking about practice, not theory.
A Government with 2/3 majority in one house and 50% in another would simply bring impeachment motion en-mass on some trumped up charges ( impeachment motion has been brought for buying furniture by Government money ) against hostile Judges, and sack them.What would SC do? All levers of power are controlled by executive or legislature.SC judges, even if they declare impeachment proceedings unconstitutional, would be replaced by those who would declare them constitutional ( technically, they would be right ) upon assuming office.
And wariness of confrontation goes both way. Government may not want open confrontation with Supreme court but Supreme court also does not want open confrontation with a strong government. Various landmark cases related to Fundamental rights are testament to that. SC has always tactically backed down and bided it's time whenever a strong government was at center.
Also i am arguing for a extreme but plausiable hypothetical, not something which normally occurs.
There are some fundamental rights which are so deeply rooted in basic definition of man in contrast to beast that they should not be changed.I have mention three rights in last post which in my opinion could not change, irrespective of any change in lifestyle in values.
That of Art20, which in simple term means that a person should not be prosecuted twice for same crime and could not be given more than maximum proscribed Punishment for a crime.
Art 21, which state that no-one, including state could kill you without a trail.
and
Art 32, which ensures that anyone could approach justice system if he has been wronged.
The Supreme Court has held that the basic tenets of the constitution cannot be ammened by any act of parliament. Some parts of the constitution cannot be touched even if the whole of the paliament wanted to.
According to FM Arun Jaitley it is almost ready. A constitutional amendment to introduce the goods & services tax could be moved in the winter session of Parliament, which begins on Monday. However, a consensus is still missing on the final GST tax rates and recommendations vary from 16 per cent to 27 per cent. The government will also need the consent of 50 per cent of states to implement GST by April 2016.Guys, any ideas when the GoI will implement the Goods and services tax? Seriously waiting on this reform, within 18 months it will be adding 0.9-1.7% GDP growth a year alone!!
If Modi is serious about reforming the indian economy and easing the ability to do business in india then this has to happen ASAP. This current state of unproductively in goods and services needs to end.
I think renaming it to "Hind Di Chadar" would be nice,
I think renaming it to "Hind Di Chadar" would be nice,
@Prometheus ye kya ho gaya?
I'm not saying the name of the road should be changed anyway- it is what it is right now. Build a new road, name that one Guru Tegh Bahadur road, thus signaling progress. Fighting over the naming of current infrastructure is pettiness beyond belief. I was just saying IF a case is being made for Guru Tegh Bahadur road, I would much prefer "Hind Di Chadar" road- the connotations are just so much nicer.Nothing is going to happen. Aurangzeb was/is Secular. If Road's name would be changed, it's going to be the direct attack on India's Secularism.
I'm not saying the name of the road should be changed anyway- it is what it is right now. Build a new road, name that one Guru Tegh Bahadur road, thus signaling progress. Fighting over the naming of current infrastructure is pettiness beyond belief. I was just saying IF a case is being made for Guru Tegh Bahadur road, I would much prefer "Hind Di Chadar" road- the connotations are just so much nicer.