February 14, 2014

No Courts have power to discuss what happens in "Legislative Assembly" or in "House of Parliaments"-> Know about Theory of Separation

Indian Constitution divides power in three wings.

First wing is Legislative Wing. (Which makes Law)
Second wing is Executive Wing (Which carries out orders in name of Government)
Third Wing is Judiciary. (The Courts of the Land).

None of the three wings are allowed to interfere in functioning of one another.

1) What happens inside a Legislature cannot be discussed or decide in any court. The House is Supreme Power relating conduct of its business in house. But, the Legislative House will not discuss anything about conduct of Judiciary in its house. The only exception is during impeachment of a Judge proceedings.

2) The Judiciary has no power to say how Legislature House should function. It cannot discuss in court about propriety or impropriety of something going in House. It has however to power to set aside any law made by house. Some limited powers are with judiciary to see that Speaker of House works with natural justice and provisions of constitution.

3) Executive can pass its orders as per law. No MP or MLA has any legal power to order a secretary or a Collector to take any decision in favour or against any party. But catch here is, if he does not act as per wishes of MP or MLA, he gets transferred.

This is called "Theory of Separation of Power" in brief.

Haresh Raichura
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