LEGISLATURE OR JUDICIARY,WHO SHOULD BE THE LAW MAKING AUTHORITY AND WHY??
Payel Nandi (LAW STUDENT) 11 January 2010
LEGISLATURE OR JUDICIARY,WHO SHOULD BE THE LAW MAKING AUTHORITY AND WHY??
Suchitra. S (Advocate) 11 January 2010
In a democratic country it is always legislature which is the law making authority. Judiciary acts as the "watch dog" to see the laws made by the legislature are not violative of Constitutional principles.
Well, the reason is quite simple. In a democratic country, the Govt is " for the people, by the people".. .. elected members are representatives of people of the country.
Rekha..... ( Practicing lawyer(B.Com LL.M in Business law )) 11 January 2010
In my view, Both Legislatures and Judiciary are and should be the Law Making authority.
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 11 January 2010
"LEGISLATURE OR JUDICIARY,WHO SHOULD BE THE LAW MAKING AUTHORITY AND wHY?"
The word 'should be' is not appropriate here. The Constitution of India already fixed the job of LEGISLATURE & JUDICIARY. the main job of Legislature is to pass the law, they are actually law making authority; where as Judiciary is the authority to protect the law. If any law vires /violets/ infringed the fundamental rights, SC/HC has also power to struck down it. SC/HC can make rules for their own governence; by way of ruling, they can make ruies also.
Suchitra. S (Advocate) 11 January 2010
Rekha ji, I think courts through judicial activism suggest the legislature about the flaws in laws enacted. They also issue guidelines in case of ambiguity. Courts can in no way enact laws. Seperation of powers has not been accepted fully in our Constitution and though there is no watertight compartments between the three organs of the Govt, some of the powers are given exclusively to each organ. I thnk law making authority is legislature. What "should" be the law making authority is a debatable issue, of course, taking into consideration the quality and efficiency of legislators who are elected.. :)
Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429) 12 January 2010
"Courts are for common people to punish". almost perfect. . but recent case of mr nd tiwari & sp rathore is a light of hope. thanks to media.