Executive Overreach And Legislative Constraints: Assessing The Challenges To Separation Of Powers In India’s Governance Structure With A Focus On Recent Trends
- IJLLR Journal
- Jan 31
- 1 min read
Vibhu Bakshi, BA LLB, VIPS (GGSIPU), LLM Student at USLLS (GGSIPU)
ABSTRACT
The foundation of democratic government is the idea of separation of powers, which maintains a balance between the judicial, legislative, and executive departments. But recent developments in India have shown that there is rising friction between these institutions, especially when it comes to legislative restraints and presidential overreach. This research paper investigates the evolving dynamics of governance in India while critically analysing the challenges to the concept of separation of powers. It examines situations in which the administration seems to have overreached its constitutional jurisdiction, often interfering with legislative duties. The legislative branch's reaction, which has often been characterised by complacency or an unwillingness to exert its authority, is also evaluated in the research, which exacerbates the imbalance. This research paper aims to identify the variables behind this trend by conducting a thorough examination of recent case laws, legislative revisions, and presidential actions. Important examples include the growing use of ordinances, the declining influence of legislative discussion, and the judiciary's response to these issues are given special focus. The ramifications for state government and the larger backdrop of India's federal system are also discussed in the study. Through an evaluation of these obstacles, the study seeks to provide suggestions for strengthening the legislative branch and fortifying the constitutional protections that preserve the division of powers. The results highlight the need of changes to guarantee a more equitable and responsible governance structure in India and to stop the loss of legislative power.
Keywords: India, Recent Trends, separation of powers, Constitutional balance, Ordinances, Executive overreach, Governance structure
