close
This essay has been submitted by a student. This is not an example of the work written by professional essay writers.

Indian Law

downloadDownload printPrint

Remember! This is just a sample.

You can get your custom paper by one of our expert writers.

Get custom essay

121 writers online

blank-ico

LANDMARK CASES

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.

KESHAVANANDA BHARTI CASE

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.

Remember: This is just a sample from a fellow student.

Your time is important. Let us write you an essay from scratch

experts 450+ experts on 30 subjects ready to help you just now

delivery Starting from 3 hours delivery

Find Free Essays

We provide you with original essay samples, perfect formatting and styling

Cite this Essay

To export a reference to this article please select a referencing style below:

Indian Law. (2018, October 26). GradesFixer. Retrieved September 29, 2022, from https://gradesfixer.com/free-essay-examples/indian-law/
“Indian Law.” GradesFixer, 26 Oct. 2018, gradesfixer.com/free-essay-examples/indian-law/
Indian Law. [online]. Available at: <https://gradesfixer.com/free-essay-examples/indian-law/> [Accessed 29 Sept. 2022].
Indian Law [Internet]. GradesFixer. 2018 Oct 26 [cited 2022 Sept 29]. Available from: https://gradesfixer.com/free-essay-examples/indian-law/
copy to clipboard
close

Where do you want us to send this sample?

    By clicking “Continue”, you agree to our terms of service and privacy policy.

    close

    Be careful. This essay is not unique

    This essay was donated by a student and is likely to have been used and submitted before

    Download this Sample

    Free samples may contain mistakes and not unique parts

    close

    Sorry, we could not paraphrase this essay. Our professional writers can rewrite it and get you a unique paper.

    close

    Thanks!

    Please check your inbox.

    We can write you a custom essay that will follow your exact instructions and meet the deadlines. Let's fix your grades together!

    boy

    Hi there!

    Are you interested in getting a customized paper?

    Check it out!
    Don't use plagiarized sources. Get your custom essay. Get custom paper
    exit-popup-close

    Haven't found the right essay?

    Get an expert to write you the one you need!

    exit-popup-print

    Professional writers and researchers

    exit-popup-quotes

    Sources and citation are provided

    exit-popup-clock

    3 hour delivery

    exit-popup-persone