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  • Category: General

    Legislature, Executive, Judiciary are three organs of Government- Which is more powerfull

    As per the Indian constitution, Legislature , Executive, Judiciary are three organs of Government. Each organs have distinct functions as provided under the constitution. These organs are responsible for the functioning of the democratic Government. Legislature is vested with the powers of enacting laws. Executive has the responsibility of enforcing the laws and the Judiciary is the body which interpret the laws.

    There are instances where each organs try to prove their power and show the supremacy. Does this kind of confrontation result in constitutional crisis. Are there any precedences of such constitutional crisis.
  • #662816
    There must be a balance between the three. It is better to say that they are three organs of democracy each having a separate role. If one tries to prove its supremacy over the other then the balance is lost and there will be chaos. The legislature is the place to enact laws. Generally, it is the parliament or state assemblies where laws are enacted after debates by the legislators and they have the responsibility to enact laws that conform to the constitution of India. President and the council of ministers in the government are part of the executives who look after the implementation of those laws. The judiciary is the courts that look into the enacted laws to find out whether they are binding to the constitution. If the Supreme court finds certain laws do not conform to the constitution of India they can send notice to the legislature by saying where is the deviation which must be rectified by the legislators upon deliberation.

    If the judiciary always tries to find faults with the legislature just for the sake of finding faults, it cannot function independently and will hamper day to day transactions of the elected government. If the legislature tries to interfere with the judicial process by questioning its every action then also the independent nature of the judiciary is lost. These three organs of democracy must work in a coordinated way so that nobody can go overboard.

    Sankalan

    "Life is easier when you enjoy what you do"

  • #662818
    These three elements are the main constituents of a democratic working system. Each of it is important and can not be ignored or underestimated. Legislature is made by the parliament and followed by the judiciary. There are instances where judiciary is not able to use the legislature in the intended form due to dubious or ambiguous interpretations. In such cases amendments to the constitution become necessary. Govt does the execution of policies and schemes and for that a good governance is essential.

    Over and above these elements their is a role of public also in democracy and a large public outcry or revolution can change the situation completely and new form of Govt will come in power who will change the constitution drastically and have a new environment.

    I do not see any relative supremacy between these three constituents of the democracy because they are inter related and are always prone to corrections and amendments. Democratic set up is a dynamic process and it keeps going on evolving in that way only.

    Knowledge is power.

  • #662839
    All three are equally important. Each department is having its own role to play. The roles and responsibilities of each wing are very well defined in the constitution. Parliament and State assemblies will be Legislature, The president, PM and other members will be the executors. The court is the instrument to oversee that the enacted laws are as per the constitution or not. The court should act as a watchdog, the government should act as a council to MPs and the MPs should be the service providers to the people. Here the roles are very clear.
    But unfortunately, the mechanism which is in place to safeguard the interests of the people is being misused by the elected leaders and they and their people are getting benefitted. That is why these days many issues are going to court. This trend should change and see that democracy will not lose its importance. For the people, by the people and of the people should be followed by in its true spirits but not on papers.

    drrao
    always confident

  • #662849
    All are important but I think judiciary is the most important. The reason is it decides the final path in case of disputes. It is due the important judgements that Govt gets ideas to reform the governance and amend the constitution.
    Thoughts exchanged is knowledge gained.


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