TUSSLE BETWEEN JUDICIARY AND EXECUTIVE: THE HEGEMONY OF CENTER ININDIAN FEDERALISM
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Abstract
Federalism desires that the government should have three organs of government-executive, legislature and judiciary.The three organs of government are limited to its respective sphere of activity and not be able to encroach upon the independence of jurisdiction of another.The theory of separation of power belongs to the functional aspects. The whole idea is based on the maxim that power should be a check to power.Indian federalism have a written constitution in which powers and authorities of every organ are defined and delimited by the constitutional documents.In practice, the legislature [Parliament] and judiciary are controlled in an extra –legal way by the executive.The present paper shows that how the hegemony of the executive over the judiciary became the real cause of tussle among them. The present paper discussed that how a majority government turned into authoritarian regime and controlled both Parliament and judiciary. The present paper also discussed the areas in which the jurisdiction of judiciary encroached by the executive and how judiciary defends itself from the executive encroachment.The present paper was entirely based upon the secondary data. The secondary data relating to the study were collecting from various authentic books of renowned authors and websites.
Keywords:Federalism, Organs, Power, Authority, Parliament, Executive, Judiciary, Encroachment, Government, Constitution.
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