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Chapter 6: Judiciary and this also helped in changing the nature of the relationship between these two organs of government. 143 Some issues still remain a bone of contention between the two — can the judiciary intervene in and regulate the functioning of the legislatures? In the parliamentary system, the legislature has the power to govern itself and regulate the behaviour of its members. Thus, the legislature can punish a person who the legislature holds guilty of breaching privileges of the legislature. Can a person who is held guilty for breach of parliamentary privileges seek protection of the courts? Can a member of the legislature against whom the legislature has taken disciplinary action get protection from the court? These issues are unresolved and are matters of potential conflict between the two. Similarly, the Constitution provides that Whycan’ttheCourttellusonce the conduct of judges cannot be discussed in the and for all what are those aspectsthatare‘basicstructure’ Parliament. There have been several instances where the Parliament and State legislatures have cast aspersions oftheConstitution? on the functioning of the judiciary. Similarly, the judiciary too has criticised the legislatures and issued instructions to the legislatures about the conduct of legislative business.Thelegislaturesseethisasviolatingtheprinciple of parliamentary sovereignty. Theseissuesindicatehowdelicatethebalancebetween any two organs of the government is and how important it is for each organ of the government in a democracy to respect the authority of others. Check your progress The main issues in the conflict between the judiciary and the Parliament have been: – Appointment of judges – Salaries and allowances of judges – Scope of Parliament’s power to amend the Constitution – Interference by the Parliament in the functioning of the judiciary Reprint 2026-27