Democracy’s three pillars at loggerheads

India has been caught in a Catch-22 situation in the wake of severe debates over the powers enjoyed by the judiciary, executive and legislature. Even though this debate has been in existence for decades together, it has now reached a flashpoint following the ‘damning’ remarks made by the Vice-President Jagdeep Dhankhar, who on Tuesday was steadfast in his contention about judicial “overreach”, while questioning the supremacy of Parliament in the constitutional framework. What was particularly more vociferous was the manner he questioned a Supreme Court order setting timelines for the President and Governors to give assent to pending Bills, while stating that “no authority was above Parliament”.

This triggered a wave of protests across the country, especially so from the legal fraternity with lawyers and judges slamming the Vice-President for his sweeping remarks that were ‘lowering the status of an august body like judiciary, whose integrity was being questioned’. Dhankhar also criticised the Supreme Court’s ruling which invoked Article 142 to bring into effect ten laws passed by the Tamil Nadu Assembly without executive assent.

One should note that even before his utterances, luminaries like Kerala Governor Rajendra Vishwanath Arlekar, legal experts and bureaucrats were critical of the apex court’s ‘overstepping into the Executive’s domain’. Dhankhar asserted that the ultimate authority on constitutional matters rests with the elected representatives and not elsewhere. However, in the resultant din and heat that has been generated, one tends to forget the powers that have been bestowed by the Constitution.

The fundamental aspect is that the legislature makes laws, the executive implements them, and the judiciary interprets them and resolves disputes. The legislature, also known as Parliament, drafts and passes laws., while the executive branch, headed by the Prime Minister, enforces those laws and carries out the government’s policy. The judiciary, including courts like the Supreme Court, ensures that the laws are upheld by interpreting them and resolving disputes through legal processes.

For instance, when the legislature passes legislation like the Goods and Services Tax (GST), the executive enforces the GST law that is passed by the Parliament, while the Supreme Court may interpret the GST law or decide disputes arising from its implementation. The Constitution also clearly details the roles and powers of the three pillars of Indian democracy. Separation of powers includes checks and balances to prevent any one branch from becoming too powerful.

When the legislature passes laws, the executive can veto them, while the judiciary can strike down laws if the courts deem them as unconstitutional. In simpler terms, the three branches work together but independently to ensure a balanced and accountable government. Taken from a different angle, the judiciary has the power of judicial review over the actions of the executive and the legislature.

It also has powers to strike down any law passed by the legislature if it is unconstitutional or arbitrary as per Article 13 (if it violates Fundamental Rights). Each branch is designed to perform specific functions without interfering in the domain of the other, and thereby prevent concentration of authority on any one entity