FRAUD ON THE CONSTITUTION AS A LIMITATION TO GOVERNMENTAL ACTIONS

Abstract

In India, the fountainhead power, Constitution has assigned its sovereign power among the three pillars; the Legislature – to make and change law, the executive – to implement the law and the judiciary – to uphold the law. But the Indian Constitution does not provide the watertight separation of powers as envisaged under American or Australian Constitution. Overlapping of functions is prevalent here. The judiciary and the executive can also make laws in India. The Supreme Court and the High Courts can make new laws through their judgements and Article 141 of the Constitution also states that “Law declared by Supreme Court to be binding on all courts”2. Likewise, the Constitution as per Article 123 and 213 empowers the President and the State Governors respectively to legislate through promulgation of ordinances under exceptional circumstances requiring immediate actions when the legislative bodies are not in session. They execute these functions on the advices given by the council of ministers. However, the Indian Constitution had made an effort to shield the powers of each organ against encroachment which makes it requisite to place the ordinance before the legislative bodies during session and restricts the life of the ordinance by only six weeks from the reassemble of the session or its disapproval from the legislative bodies or its withdrawal by the President or by the Governor whichever earlier.