Aashna and Ankita Singh, Jindal Global Law School, O.P Jindal Global University
ABSTRACT
India being a constitutional democracy follows a Westminster model of governance, wherein its operations are divided into three essential organs, namely the legislature, the judiciary, and the executive. Each of these organs is obligated to perform its independent functions so that a ‘separation of powers’ is maintained and no organ can overpower the other. However, it remains pertinent to note that in a developing democracy like India wherein the legislature is ought to undertake the function of law making it may be influenced by the other organs. This leads us to our research question- Can there possibly be a balancing mechanism between separation of power and administrative law-making? And have Indian Courts struck that balance? In this research paper, we aim to analyse the role of the Indian courts and the constitution, with respect to the maintenance of separation of powers and administrative law-making, through judicial precedents.
Keywords: Separation of powers, administrative law, legislature, executive, judiciary, constitutional law
