Abstract

This research paper is about one of the landmark cases in the Indian Judiciary that guided a lot of subsequent cases and issues on the same topic of discussion. It mentions about the judicial review power of the judiciary in the elections and how emergency was imposed at that time. Finally, a decision was made by the Judiciary that resulted in one that gives direction for similar cases till today. If the powers of all the three governmental pillars rests in one hand, then it creates a despotic government. It also mentioned about the importance and essence the amount of money that can be spent by the parties has to be looked upon and how the three pillars namely the Executive, Judiciary, and the Legislature work together effectively for diligent functioning of the country. These three organs stand to be not only pillars but also keep an eye on each other’s functioning. The case dealt with one issue regarding elections but a lot of other administrative clarifications and concepts which were not discussed earlier came into picture. It also mentions about any order which has been passed by any administrative authority but there stands a malafide intention that is the order stands against the law of the land then it could directly be held as void and null. In case where arbitrary decisions are made irrespective of aim of public good therein the authority is exceeded and the orders maybe held void. Hence, the duty to check whether rule made or law passes is in Conscience with Indian Constitution or not, there exists the concept of Judicial Review which decides whether the judgement passes is worth it or within the limits or sense of arbitrariness of the authority.

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