Judiciary and Legislature Under the Constitution

By : Somnath Chatterjee

Page No: 177-193

Abstract
In this article,# relating some of the important provisions of the Constitution, the author concludes how the framers of the Constitution intended to build mutual relationship between the democratic institutions and the judiciary by not conferring overriding powers to any of the organs. The author remarks that even though the constitutional limits on mutual powers have been usually respected, how, despite the well-recognised scheme of separation of powers in the Constitution of India, in certain cases, judicial intervention in the procedural aspects of the legislatures has created some anomalous situations. The author emphasizes that the Constitution is the supreme law, and no organ of State should go beyond what has been constitutionally assigned to it and affirms that it is the duty of all the three organs to ensure that this balance is scrupulously adhered to. The author also states how due to the weaknesses in the respective working of the different organs of State in India, people’s faith in these institutions has been eroding and cautions that once that faith is lost, no force or army will be able to protect these institutions.

Author :
Somnath Chatterjee : The then Hon’ble Speaker, Lok Sabha.