Abhilipsa Kar, Birla Global University, Bhubaneswar, Odisha
Yashoswini Mishra, Birla Global University, Bhubaneswar, Odisha
BACKGROUND OF THE CASE:
There are basically three organs namely the legislature, the executive and the judiciary for proper working and functioning of each organ as each has its roles that are entirely diverse but it is not necessary to apply consistently and follow to the principle of separation of powers. In the landmark case of Rai Sahib Ram Jawaya Kapur v. State of Punjab the executive’s powers and functions have been dealt with. The court observed that with passing of time the following executive’s powers and functions has evolved, further the executive’s functions do not essentially need legislative assent. There are times when the affairs of these following organs extend over each other for this very reason a non-rigid notion of separation of powers taken up as it is regarded as true that a strict interpretation of the doctrine would be impracticable.
FACTS:
From 1905 to 1950, in the state of Punjab, recognized schools in Punjab had to refer to books from a list of alternative texts approved by the Punjab Department of Education. To get approval, many independent publishers or authors submitted textbooks compiled with their own money to the Punjab government. The Ministry of Education then approved a number of textbooks from various textbooks published by various publishers according to the principles set by the Ministry.
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