Separation of powers and rule of law: need for restraint rather than activism?

Dr. Sandeep Menon Nandakumar
Assistant Professor, National University of Advanced Legal Studies (NUALS), Kochi


Abstract

This paper is an attempt to trace the fundamental ideologies behind the concept of rule of law with specific reference to the ways in which the various organs of the government, namely, Parliament, Executive and the Judiciary respect the same. The paper argues that it is high time that the foundational principles of democracy and governance such as rule of law are respected by every organ of the government so that the interrelationship between the different organs of the government and the relationship between the organs of the government and the people are not affected. This article focuses on certain specific instances of legislatures, executive and the judiciary in relation to overstepping the boundaries assigned to each, thereby breaching the basis of doctrine of separation of powers which in turn affects the basis of concept of rule of law itself.

Keywords: Rule of Law, Rajya Sabha, Constitutional morality, Internet, Bar Council of India

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Preferred citation:

Dr. Sandeep Menon Nandakumar, Separation of powers and rule of law: need for restraint rather than activism? The Lex-Warrier: Online Law Journal, (2022) 1, pp. pp. 49-56, ISSN (O): 2319-8338