450+ experts on 30 subjects ready to help you just now
Starting from 3 hours delivery
Pssst… we can write an original essay just for you.
Any subject. Any type of essay. We’ll even meet a 3-hour deadline.Get your price
121 writers online
In the re Delhi Laws Act case, it was for the first time followed by the Supreme Court that except where the constitution has vested power in a body, the way of thinking that one organ should not complete functions which basically belong to others is followed in India. By a majority of 5:2, the Court held that the explanation of separation of powers though not an important part of our Constitution, in rare circumstances is obvious in the legal rules of the Constitution itself. As observed by Kania, C.J.
“Although in the constitution of India there is no express separation of powers, it is clear that a legislature is created by the constitution and detailed provisions are made for making that legislature pass laws. Does it not imply that unless it can be gathered from other provisions of the constitution, other bodies-executive or judicial-are not intended to discharge legislative functions?”
This judgment suggested that all the three organs of the State which are the Legislature, the Judiciary and the Executive are bound by and subject to the legal rules of the Constitution, which limits their powers, legal controls, responsibilities and relationship with one another. Also, that it can be assumed that none of the organs of the State, the Legislature, the Judiciary, and the Executive would go beyond its powers as laid down in the Constitution.
The question placed before the Supreme Court in this case was connected to the extent of the power of the government to update the Constitution as given under the Constitution itself. It was argued that Parliament was “better than anyone or anything else” and represented the sovereign will of the people. So, if the people’s representatives in Parliament decided to change a particular law to control individual freedom or limit the extent of the range of the judiciary, the executive and the legislature had no right to question whether it was related to the Constitution or not.
However, the Court did not allow this argument and instead found in favor of the person who’s arguing against a legal decision on the grounds that the belief of separation of powers was a part of the “basic structure” of our Constitution. As per this ruling, there was no longer any need for confusing double-meaning as the idea for a single purpose recognized as a part of the Indian Constitution, permanent even by an Act of Parliament. So, the idea of separation of powers has been included into the Indian laws.
We provide you with original essay samples, perfect formatting and styling
To export a reference to this article please select a referencing style below:
Sorry, copying is not allowed on our website. If you’d like this or any other sample, we’ll happily email it to you.
Attention! This essay is not unique. You can get a 100% Plagiarism-FREE one in 30 sec
Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.
Your essay sample has been sent.
Want us to write one just for you? We can custom edit this essay into an original, 100% plagiarism free essay.Order now
Are you interested in getting a customized paper?Check it out!