Power Struggle among the Parliament and Judiciary: Weakening the Idea of Democracy?

Ajay Pareek AND Shreya Chakraborty
Amity Law School, Amity University, Jaipur, Rajasthan, India

Volume III, Issue II, 2020

The Democratic form of government is the most considerable form of government globally. Most of the nations across the world adhere to the democratic form. Democracy is not the platform that is prevailing independently but with the strengthening of the pillars on which this platform is upstanding. Those pillars encompass the JUDICIAL, EXECUTIVE and LEGISLATIVE body of the government. The complications emanate when these pillars are not imparted with akin strength and pinnacle. There prevail numerous cases and controversies among the pillars of Democracy i.e., the JUDICIARY and PARLIAMENT (including both executive and legislation) which allude to the nullification of the core idea of Democracy in the context of India which is one of the largest Democracy, globally. The paper on a major basis will be comprised of such cases where either the Judiciary overpowered Parliament with its decisions or Parliament did the same while exercising their powers or duties. Also, the infamous doctrines and concepts such as the Doctrine of Separation of Powers, Judicial Activism, etc. in regards to the same will also be discussed. The concluding part of the paper will be comprised of the critical comment on whether there is a necessity of overpowering the roles of the pillars of Democracy and does it nullifies the idea of Democracy.


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