Power Of The State Organs Essay

1739 WordsDec 5, 20167 Pages
INTRODUCTION A conflict may arise in any legal system regarding the supremacy of state organs i.e. Legislature, Executive and Judiciary which bases itself upon the Doctrine of Separation of Powers. The constitution empowers the legislative bodies {Parliament / state legislative assemblies} in the country to make laws in their respective jurisdictions. However, this power is not absolute but is subject to judicial review. Power of judicial review makes Supreme Court guardian of not only fundamental rights but the constitution itself. However, at the time of enactment of the constitution, the Supreme Court derived its power to review the acts via article 13, article 226 and article 245 mainly. Article 13 declares that any law which contravenes any of the provisions of part –III {Fundamental Rights} shall be null and void. Articles 32 and 226 entrust Supreme Court and High Courts with roles of the protector and guarantor of fundamental rights Article 245 states that the powers of both Parliament and State legislatures are subject to the provisions of the constitution. Once the constitution was in force and Supreme Court was established, a long struggle started between Judiciary and Parliament, which ultimately culminated in what is known as Basic Structure Doctrine. The gist of this long struggle is that while parliament went on an amendment spree to achieve its socio-economic and political goals, Supreme Court kept reviewing these amendments and striking down those which were
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