Adv. Sanjay Haribhau Deshpande, LLM, Yashwantrao Chavan Law College, Parvati, Pune
If the same person or entity, whether made up of nobles or commoners, exercised the three powers of passing laws, carrying out laws, carrying out public decisions, and trying individual cases, everything would come to a stop.
ABSTRACT
A key principle of the Indian Constitution, which is sovereign in nature, is the separation of powers. Separation of powers is largely a component of checks and balances. Despite the Court's duty as the Constitution's defender, which requires it to always intervene in issues affecting its mandates, the nation observed confrontations among the organs, notably in connection to Constitutional amendments. The court formulated the guiding principles of the Constitution's framework. This idea has also cast doubt on how well this theory applies.
This piece seeks to examine the fundamental framework of the constitution with reference to Article 243-O of the Constitution, which eliminated the Court's jurisdiction over disputes relating to Panchayat elections.
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