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Basic Structure Of The Indian Constitution And Restrictions On Powers Of Court




Adv. Sanjay Haribhau Deshpande, LLM, Yashwantrao Chavan Law College, Parvati, Pune

If the same person or entity, whether made up of nobles or commoners, exercised the three powers of passing laws, carrying out laws, carrying out public decisions, and trying individual cases, everything would come to a stop.

ABSTRACT

A key principle of the Indian Constitution, which is sovereign in nature, is the separation of powers. Separation of powers is largely a component of checks and balances. Despite the Court's duty as the Constitution's defender, which requires it to always intervene in issues affecting its mandates, the nation observed confrontations among the organs, notably in connection to Constitutional amendments. The court formulated the guiding principles of the Constitution's framework. This idea has also cast doubt on how well this theory applies.

This piece seeks to examine the fundamental framework of the constitution with reference to Article 243-O of the Constitution, which eliminated the Court's jurisdiction over disputes relating to Panchayat elections.

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Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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​All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

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