LawForAll – Making Justice Understandable

  The Watchdog and the Balance: Judicial Review and Separation of Powers in India The Indian Constitution, a cornerstone of the world's largest democracy, enshrines the principles of separation of powers and judicial review. While seemingly distinct, these two concepts are intricately intertwined, forming a robust framework for governance and safeguarding the fundamental rights of citizens. This article explores the interplay between judicial review and separation of powers in India, highlighting their significance in maintaining a balanced and accountable system. Understanding Separation of Powers: The doctrine of separation of powers advocates for distinct and defined roles for the three branches of government: the Legislature (law-making), the Executive (law-enforcement), and the Judiciary (adjudication). The underlying principle is to prevent the concentration of power in a single entity, mitigating the risk of tyranny and promoting checks and balances. In India, a strict separ...

  Introduction Section 356 of the Indian Constitution, commonly known as President’s Rule, is one of the most debated provisions in Indian federal governance. It allows the central government to intervene when a state government fails to operate within the framework of the Constitution. But how often has this power been misused? Let’s explore its history, purpose, and judicial safeguards. What is Article 356? Article 356 empowers the President of India to assume control over a state government if it is unable to function according to constitutional provisions. It is usually invoked based on the recommendation of the Governor of the state . When imposed, the elected government of the state is dismissed , and the central government takes direct control over the state's administrative machinery. When Can President’s Rule Be Imposed? The President’s Rule can be imposed under the following conditions: Failure of constitutional machinery Hung assembly or no majority post elections Break...