Question

Who in the Constituent Assembly, said that 'The Doctrine of Independence was not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of Super Legislature or Super Executive"?

• A. N. Madhava Rao
• B. K.M. Munshi
• C. N.G. Ayyangar
• D. A.K. Ayyar

Hint:

To remember this, associate A.K. Ayyar with the phrase "Super Legislature". He was a staunch advocate for maintaining a balance between the three branches of government without one becoming supreme over the others.

Answer 1

The Correct Option is D

Step 1: Understanding the Concept:
During the debates of the Constituent Assembly, the scope of judicial power and the principle of 'Judicial Review' vs. 'Legislative Supremacy' were intensely discussed.
The framers sought to create an independent judiciary while ensuring it did not overstep into the domain of policy-making.
Step 2: Detailed Explanation:
The statement was made by Alladi Krishnaswamy Ayyar (A.K. Ayyar), a prominent jurist and member of the Drafting Committee.
He argued that while judicial independence is vital, it should not be treated as an absolute 'dogma' that allows the court to act as a "Super Legislature".
He believed that the power of the courts should be limited to interpreting the law and ensuring its constitutionality, rather than substituting its own wisdom for that of the elected representatives in the legislature.
This reflected the concern that an overly activist judiciary might hinder the social and economic reforms planned by the newly independent state.
Step 3: Final Answer:
Alladi Krishnaswamy Ayyar (A.K. Ayyar) made this specific observation in the Constituent Assembly.