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Role of Fundamental Rights in Balancing Powers between The Legislature, The Executive And The Judiciary

Nikhil Gupta
O.P. Jindal Global University, Haryana, India

Volume II – Issue III, 2019

It is a well-known phenomenon that endless powers in the hand of an individual or a group of individuals, implies, in general, misuse of that power over others. The assembly or building of any democratic government is based on its three organs i.e., the legislature, the executive and the judiciary. Undoubtedly, the three branches are of great significance. Separation of power ensures the prevention of the autocracy. ‘Legislature’ is a term used for representation of elected representatives, whose primary function is to make law. ‘Executive’ is responsible forexecuting and implementing laws. ‘Judiciary’ primary focus is on ensuring that laws are compiled in accordance to the requirement. All three of these have their own separate, distinct powers and needs to work in their own sphere to prevent trespass into other. However, at the same time, the power is not absolute in nature. The framers of the constitution preferred it not to be rigid, rather adaptable to different circumstances.

 

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