Constitutional Law

Influence of Legislature on Judiciary


Author: Mrinal Kumar, Student of Amity Law School, Jharkhand. 

Today, being a democratic country is a primary prerequisite for the growth of a country. When we think of democracy, we think of three major organs of the democracy: Legislative, Executives and Judiciary.

The legislature has been given a higher honor in the Indian Constitution. It’s mainly concerned with the enactment of law that are applicable to all or any of its citizens and institutions. The Parliament that is the Union Legislature of India comprises of two bodies namely, Rajya Sabha (upper house) and therefore the Lok Sabha (lower house). It makes laws, imposes taxes, prepares, and intimates the budgets and also has sole power to declare war, can start investigations, and sometimes also appoints judges. To control a rustic system efficiently we want policies and laws. The function of the legislature is to make policies and laws which will govern the state. The Union parliament is chiefly concerned with this function. Parliament of India ensures that the legislative functions of the govt are executed properly by enacting relevant laws and making citizen friendly policies1.

The executive body is responsible for enforcing the regulations after they have been made and sanctioned properly. This role is the responsibility of the national governments and other related bodies. Parliament’s interdependent roles include both the legislative and the administrative functions. The Executive is said to be an autonomous party but has continued discrepancies. In actual fact it is entirely omitted because each executive is criticized by the courts and by the legislature for their actions. This changes the executive’s freedom. The administration office is comprised at the central level of the Prime Minister and his cabinet. At a governmental level, the elected authorities have an obligation to ensure that the political policies are enforced correctly and that they support the people.

Today, it is the duty of the judges to assure that those who refuse to obey the rules are properly sanctioned after the legislation or laws have been made. It also appears as a remedy for the government’s dispute. The judiciary can understand rules, but not make them to guarantee justice and equity. The judiciary was divided from the other two positions2.

In India, parliament is fully competent to make any law and there are no restrictions in making law by the parliament. By the Doctrine of Separation of Powers, it states that every organ in democracy is independent and there is no overlapping of function between them. Indian Constitution is also based on doctrine of Separation of powers but on paper only. There is not only functional overlapping but also Individual overlapping of power.

Our Supreme Court can declare any law which is passed by the legislature which is not based on morality void. The executive interferer in the functioning of the Judiciary by appointing Judges and Chief Justice. But in our constitution when we investigate DPSP (it is not enforceable because of DPSP) there is article 50 which applies an obligation/restriction over the state to separate judiciary from the executive. There are also many more articles such as 121,211,122,212,361 which helps in differentiating the legislative from Judiciary and Executive and President of India3.

In accordance with Article 124(2) and Article 217(1) of the Constitution of India, 1950, the election of Judges to the Supreme and High Court is based. The President of India shall consult with the CJI if assigned to the Judges of the Supreme Court and the President of India shall consult the Governor and the Chief Justice of the relevant High Court if appointed. The Judges of the Supreme Court shall also be appointed.

The Supreme court in S.P. Gupta v. President of India4 (1981) concluded that in coordination with the chief justice the executive named the judges instead of in ‘competition.’ Justice P.N. Bhagwati said for a majority, “The opinion of one of the three Constitutional Officers has the same weight and cannot be said to take precedence over the views of both of the other constitutional Officers. In consequence, the primacy of the opinion of the CJI would constitute rivalry, since the primacy meant that the opinion of the Chief justice of the High Court and of the Governor of the State would dominate over that of the Governor of the State, implying that the central government had to recognize its opinion. However, as we said earlier, the only thing that comes under Article 217(1) is consultation and no competition from the CJI.”

India is the only parliamentary democracy to nominate judges by the judiciary. The concern about the present selection process is that its makeup is reckless and irresponsible, merit-based and complex. This method does not require public analysis and personal interests have become an authoritative benchmark for determining merit. No intervention is rendered in the selection of judges by the legislative and the President5.

At Last, I would like to conclude with in India though it is one of the largest and biggest Democracy if this practice continues to happen then our own made Democratic system become a puppet of Upper class and hence the difference of Rich and poor will increase and the pillar of our democracy will fall and break and while making our constitution our constituent assembly was having a great hope of being this constitution one of the most successful constitution in the world.


References

1. The Union Parliament: Functions, Legislative, Executive, Judiciary, Q&As (toppr.com)
2. (6) What is the difference between legislature, executive and judiciary? – Quora

3.An Independent Judiciary free fromInfluence of Legislative (lawteacher.net)

4. S.P. Gupta vs President of India And Ors. on 30 December 1981: AIR 1982 SC 149, 1981 Supp (1) SCC 87, 1982 2 SCR 365.

5.Crisis of Separation of Powers in India; Legislative Influence on Judiciary – Jus Dicere


 

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Priti Kumari
Priti Kumari
10 months ago

Very nice.. Well researched