Separation Of Power Vis A Vis Judiciary: Through The Court Proceedings Regarding Recent Farm Laws

Akrity Parashar, LLM, Galgotias University

ABSTRACT

The doctrine of separation of powers emphasizes the mutual exclusiveness of the three wings of the government & makes them accountable in their respective domains. It is often said that the rule of law is the backbone of democracy. To ensure rule of law, and the equality before the law. Judiciary is given the power to scrutinize any alleged arbitrariness & declare all acts contrary to constitutional mandate as invalid. The judiciary is asserting itself by developing new laws and interpreting the old ones, resulting the debate of its growing influence. The court has sent a clear message that individuals have certain inherent rights which cannot be abrogated by the state. On the 12th January,2021 a three-judge bench of the supreme court ordered a stay on the application of the three farm laws owing deadlock in talks between the central government and various farm union in the aftermath of the protest against these farm laws. Judiciary is justified in doing so because of its constitutional role of supreme interpreter, protector and guardian of law but the judicial dynamism of this magnitude is posing threat to the concept of doctrine of separation of power.

Keywords: Separation of power, Farm Laws, Role of judiciary in Farm Laws.