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Constitutional Law

Judiciary, Legislature, and Separation of Powers

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 08-Aug-2025

Introduction 

Democracy works best when power is divided among different branches of government. In India, three main pillars - the Judiciary, Legislature, and Executive - work together to run the country. This system prevents any single group from becoming too powerful and ensures that laws are made fairly, implemented properly, and interpreted justly. 

What is the Judiciary? 

  • The Judiciary is India's court system that interprets laws and delivers justice. It includes the Supreme Court (Article 124), High Courts in states (Article 214), and lower courts at the district level  
  • Judges are appointed based on merit and serve independently from political influence (Articles 124-147)  
  • The Judiciary protects citizens' fundamental rights guaranteed under Part III (Articles 12-35) of the Constitution  
  • It can review and strike down laws or government actions that violate the Constitution (Article 13)  
  • Courts resolve disputes between individuals, organizations, and different levels of government  
  • Article 50 mandates separation of judiciary from executive in public services to ensure impartial justice 

What is the Legislature? 

  • The Legislature is the law-making body that represents the people's will (Articles 79-123)  
  • At the national level, it consists of Parliament with two houses - Lok Sabha (Article 81) and Rajya Sabha (Article 80)  
  • Lok Sabha members are directly elected by voters, while Rajya Sabha represents the states  
  • The Legislature drafts, debates, and passes new laws on subjects listed in the Seventh Schedule  
  • It controls government spending by approving budgets and monitoring how money is used  
  • Members of Parliament can question ministers and hold the government accountable  
  • The Legislature can amend the Constitution following the procedure in Article 368 

Doctrine of Separation of Powers 

  • This doctrine divides government power among three separate branches to prevent abuse  
  • Each branch - Legislature, Executive, and Judiciary - has distinct roles and responsibilities  
  • The Legislature makes laws, the Executive implements them, and the Judiciary interprets them  
  • Though not explicitly mentioned, this doctrine is part of India's Constitution's basic structure (Keshavananda Bharati v. Union of India case, 1973)  
  • Article 121 prohibits discussion on judges' conduct in Parliament; Article 211 applies to state legislatures  
  • Article 122 restricts courts from questioning Parliament proceedings; Article 212 applies to state legislatures  
  • Articles 245-246 and the Seventh Schedule clearly divide legislative powers between Union and states. 

Keshavananda Bharati v. Union of India case, 1973 

  • He challenged the Kerala land reforms legislation in 1970, which imposed restrictions on the management of religious property. 
  • The case was challenged under Article 26, concerning the right to manage religiously owned property without government interference. 
  • A 13-judge Bench was set up by the Supreme Court, the biggest so far, to hear the case. 
  • Question underlying the case also included: Was the power of Parliament to amend the Constitution unlimited? In other words, could Parliament alter, amend, abrogate any part of the Constitution even to the extent of taking away all fundamental rights? 
  • The landmark judgement was delivered on 24th April 1973 by a thin majority of 7:6 wherein the majority held that any provision of the Indian Constitution can be amended by the Parliament in order to fulfil its socio-economic obligations that were guaranteed to the citizens as given in the Preamble, provided that such amendment did not change the Constitution’s basic structure. 
  • The minority, however, in their dissenting opinion, were wary of giving the Parliament unlimited amending power. 
  • The court held that the 24th Constitutional Amendment was entirely valid. But it found the second part of the 25th Constitutional Amendment to be ultra vires. 

Differences Between Legislature and Judiciary 

  • Purpose: Legislature creates new laws; Judiciary interprets existing laws  
  • Members: Legislature has elected representatives; Judiciary has appointed judges 
  • Accountability: Legislators answer to voters; Judges are independent of public opinion 
  • Term: Legislators serve fixed terms; Judges typically serve until retirement  
  • Process: Legislature works through debate and voting; Judiciary follows legal procedures and precedents  
  • Transparency: Legislative sessions are public; Court proceedings follow formal legal rules  
  • Function: Legislature represents people's political will; Judiciary ensures legal compliance and constitutional protection 

Conclusion 

India's democratic system works because power is shared among the Legislature, Executive, and Judiciary. Each branch has important but different roles - making laws, implementing them, and ensuring they are fair and constitutional. When these three pillars work together while maintaining their independence, they protect citizens' rights and ensure good governance. This balance of power is what keeps democracy strong and prevents any single group from misusing authority.