In the Delhi Laws Act case, the Supreme Court followed for the first time that except where the Constitution has empowered a body, the thinking that a body should not perform functions which basically belong to others is followed in India. By a 5-2 majority, the Court held that the separation of powers explanation, while not a major part of our Constitution, is in rare circumstances obvious in the Constitution's legal provisions. As Kania notes, CJ says no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay"Though there is no express separation of powers in the Constitution of India, it is clear that a legislature is created by the Constitution and detailed provisions are made for the legislature to pass laws. Does this not imply that, a unless this can be derived from other provisions of the constitution, are other bodies, executive or judicial, intended to perform legislative functions? of the Constitution, which limits their powers, legal controls, responsibilities and mutual relations. Furthermore, it can be assumed that none of the organs of the State, legislative, judicial and executive would go beyond their powers established by the Constitution Supreme Court in this case was related to the scope of the government's power to update the Constitution as provided by the Constitution itself. It was argued that Parliament was "better than anyone else" and represented the sovereign will of the people. Thus, if the people's representatives in Parliament decided to change a particular law to control individual liberty or limit the scope of judicial power, the executive and legislature had no right to question whether or not this was related to the Constitution.Keep in mind: This is just one example. Get a custom paper from our expert writers now. Get a Custom Essay However, the Court did not admit this argument and instead ruled in favor of the person objecting to a legal decision on the grounds that the belief The separation of powers was part of the “fundamental structure” of our Constitution . According to this judgment, there was no longer any need to confuse the double meaning with the idea of a single purpose recognized as part of the Constitution of India, permanent even by an Act of Parliament. Hence, the idea of separation of powers was included in Indian laws.
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