SC Judgment on Farm Laws: Violation of Separation of Powers

SC judgment on farm laws: violation of separation of powers

The Supreme Court has stayed the implementation of three agricultural laws against which farmers have been protesting on the Delhi border for weeks. The farmers believe that the new laws undermine their livelihood and open the path to the corporatisation of the agricultural sector.

Separation of powers in Indian Constitution

The Indian Constitution contains a number of provisions that promote a separation of powers. For instance, there is a requirement that each House of Parliament respects the right of the other to speak.

In addition, no person may receive certain grants or contracts unless the legislature recognizes the need for the grant or contract. The other two components of separation of powers are checks and balances. Each branch of government has some say in what the other does by means of checks and balances.

The reason separation of powers is important is because the people that make up a government have certain powers and responsibilities that they assume personally. When a single branch of government controls too much power, it can become harmful instead of helpful. The separation of powers prevents this from happening by giving each branch a different set of powers that are assigned separately without asserting dominance or attempting to dictate what decisions each branch should make.

Violation of separation of powers

A violation of separation of powers occurs when a court or tribunal functions under the authority of one person and reaches a decision in a manner that is inconsistent with the will of the people.

There is an important distinction between a law and a regulation. A regulation is intended to be effective and unalterable; it cannot be repealed or challenged in court.

A law, in contrast, is intended to be flexible, potentially subjecting people to different levels of punishment depending on their actions — though it is never possible to repeal a clearly unconstitutional act or regulation.

Most people think of the government as being composed of people appointed by and accountable to the people. But that is only one branch of government.

Another branch, headed by a Justice of the Peace (or sometimes just a judge), acts directly on the people and carries out certain enforcement functions.

Check And Balance Theory

Checks and balances – the principle of government under which separate branches are empowered to prevent actions by other branches and are induced to share power, are a basic feature of many government structures.

These are commonly used in the accounting and finance since this the common grounds for errors and fraud. The accounting and finance unit is susceptible for errors and fraud so there is a segregation of incompatible duties.

Check and Balance can also be implemented in the administrative agencies since there is an organizational structure within the company.
Checks and balances help keep the government running smoothly by preventing one branch from taking actions that would be harmful to the entire country or subject it to international sanctions.

The checks and balances principle is most relevant in a democratic system where action by one branch can be checked by action by another branch.