Law Optional (Separation of Power and constitutional Governance) by Rajnish Jindal

Category: Optional,

Test Date: 08 Feb 2023 07:00 AM

Law Optional (Separation of Power and constitutional Governance) by Rajnish Jindal

Instruction:

There will be 2 questions carrying 10 marks each. Write your answers in 150 words
Any page left blank in the answer-book must be crossed out clearly.
Evaluated Copy will be re-uploaded on the same thread after 2 days of uploading the copy.
Discussion of the question and one to one answer improvement session of evaluated copies will be conducted through Google Meet with concerned faculty. You will be informed via mail or SMS for the discussion.

Question #1.“States in India have an independent Constitutional existence and they have an important role to play in the political, educational and cultural life of the people as the Union. They are neither satellites nor agents of the Centre. The fact that during emergency and other eventualities their power is overridden or invaded by the Centre is not destructive of the essential federal nature of the Constitution.” Critically analyze the nature of Indian Constitution in light of the above opinion of Justice P.B. Sawant in case of S.R. Bommai v. Union of India, (1994)3 SCC1.

Question #2. Explain the meaning of maxim Delegatus Non-Potest Delegare with relevant case laws. Examine the constitutional validity of delegated legislation in context of separation of power enshrined in the Indian Constitution.

(Examiner will pay special attention to the candidate's grasp of his/her material, its relevance to the subject chosen, and to his/ her ability to think constructively and to present his/her ideas concisely, logically and effectively).

STEPS & INSTRUCTIONS for uploading the answers

Step 1 - The Question for the day is provided below these instructions. It will be available at 7:00 AM.

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Separation of Power and Constitutional Governance has become the most discussed and debated topic in the backdrop of recent run-ins between the government and the judiciary over the appointment of judges. Exploring this theme from the current perspective and the VP's criticism of even the Basic Structure Doctrine in this aspect makes it more crucial to explore the various angles to this theme.

Through this thematic discussion, we will map out the interlinkage of different parts of the syllabus.

Approach:
1. Understanding the Meaning of Separation of Powers
2. Separation of Powers between various organs
3. Mapping underlying concepts
4. Understanding the concept of separation of functions vs. separation of power
5. Finding out the significance of this topic in Law Optional with GS Paper 2.
6. Creating an answer framework for this theme

Topics under the theme:

Constitutional Provisions	Need For Separation of Power
Functional Overlap Among Organs of the Government	Overlapping Powers of Legislature
Overlapping Powers of The Executive	Overlapping Powers of The Judiciary
Issues with Functional Overlapping	Checks and balances
Judicial Pronouncements on Separation of powers	Conclusion and Way Forward

Mains Answer Writing

Law Optional (Separation of Power and constitutional Governance) by Rajnish Jindal

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