Maintaining a Harmonious Relationship Between the Legislature and the Judiciary

 Relationship Between the Legislature and the Judiciary

The relationship between the Legislature and the Judiciary plays a vital role in upholding the principles of democracy and ensuring the smooth functioning of a country. In India, the Constitution establishes a federal parliamentary form of government, where the roles and responsibilities of the executive, legislature, and judiciary are clearly defined. The Founding Fathers of India’s Constitution emphasized the importance of separation of powers and checks and balances to maintain a reasonable degree of equilibrium in the polity. This article explores the need for maintaining a harmonious relationship between the Legislature and the Judiciary, as envisioned by the Constitution.

The Concept of Harmonious Relationship
The Indian system of governance strikes a balance between Parliamentary Sovereignty and Judicial Supremacy, aiming to maintain a harmonious relationship between the Legislature and the Judiciary. Several articles in the Constitution, such as 124, 124(5), 124(4), 125, 137, 138, 138(2), 139, 140, 142, 142(2), and 145, provide the framework for this relationship. It is essential to establish mutual trust, respect, and understanding between these two branches of government. They must work together to achieve a common goal of serving the people and strengthening the nation. The Constitution, as the supreme law, sets the boundaries for each organ of the state, ensuring they operate within their assigned roles and responsibilities.

Inter-relationship and Coordination among Organs of the State
The framers of the Constitution recognized the potential dangers of excessive power vested in any one of the three organs of the state. To mitigate this risk, they established a constitutional mechanism that incorporates checks and balances. The idea of separation of powers and checks and balances ensures that each organ functions within its assigned limits while complementing and supplementing each other’s efforts. The Parliament enacts laws, the Executive implements them, and the Judiciary serves as an independent arbitrator that interprets the laws. All three organs are accountable to the people in their respective ways, creating a system of democratic governance that upholds the rights and interests of the citizens.

Evolving Relationship between Legislature and Judiciary in India
Over the years, India’s democracy has matured, and the relationship between the Legislature and the Judiciary has evolved. While occasional frictions have arisen, they have been addressed within the constitutional framework. The judiciary’s power to review laws passed by the Parliament or State Legislatures and parliamentary privileges has been subject to scrutiny. There have been discussions on issues such as interference in legislative proceedings, the operation of anti-defection laws, and the administration of Parliament and Legislature Secretariats. Despite these challenges, the spirit of mutual trust, respect, and cooperation remains crucial for the healthy functioning of the democratic system.

Separation of Powers and Checks and Balances
The concept of separation of powers, coined by French philosopher Montesquieu, emphasizes the need to prevent the concentration of power in one person or body. In the Indian context, the Constitution ensures checks and balances to maintain accountability among the branches of government. Article 75(3) establishes the collective responsibility of the Council of Ministers to the House of the People. Additionally, provisions like Articles 13, 32, 131-136, 143, 226, and 246 embody the doctrine of Judicial Review, granting the judiciary the power to review legislation for constitutionality. The Constitution strikes a balance between the separation of powers and the need for coordination among the organs of the state.

The harmonious relationship between the Legislature and the Judiciary is vital for the effective functioning of a democratic society. Both branches must recognize each other’s roles, respect their independence and jurisdiction, and work together to serve the common interests of the people. While occasional tensions may arise, it is the duty of all concerned, including the Legislature, the Executive, and the Judiciary, to adhere to the constitutional principles and maintain a balance of power. By upholding the spirit of the Constitution, India can continue to strengthen its parliamentary democracy and ensure the well-being of its citizens.

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