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To what extent can the principle of separation of powers be enforced judicially?

Posted by jobseeker Lavanya Bhardwaj | Approved
Answers (2)

The principle of separation of powers, which divides governmental authority among the legislative, executive, and judicial branches, is enforced judicially through judicial review. The judiciary can review the actions of the other two branches to ensure they are acting within their constitutional limits, and can strike down laws or actions that are deemed unconstitutional. While the judiciary is independent, it is also subject to checks and balances by the other branches.

Answered by jobseeker Garima Rajput | Approved

The principle of separation of powers, which divides the functions of the legislature, executive, and judiciary, is a basic feature of the Indian Constitution, though not rigidly followed. Judicial enforcement of this principle primarily involves ensuring that one organ does not encroach upon the domain of another, thereby maintaining constitutional balance.

The Supreme Court of India has reiterated in cases like Indira Nehru Gandhi v. Raj Narain and Keshavananda Bharati v. State of Kerala that separation of powers is essential to prevent concentration of power and ensure rule of law. While courts cannot stop legitimate policy-making by the legislature or executive action within their domain, they can strike down actions that violate constitutional limits, such as excessive delegation of legislative powers or judicial overreach by tribunals. Therefore, the principle can be enforced judicially to a significant extent, but with institutional respect and restraint, ensuring that checks and balances function without disrupting governance.

Answered by jobseeker Vipra | Approved

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