Sharing of power under Indian constitution – In the light of: Kesavananda Bharati Case.
WE, THE PEOPLE OF INDIA, having solemnly resolved to constitute India into a SOVEREIGN SOCIALIST SECULAR DEMOCRATIC REPUBLIC and to secure to all its citizens inter alia:
JUSTICE, social, economic and political; EQUALITY of status and of opportunity. But curiously enough, the people have kept no such power with themselves under the constitution to avail the above mentioned goals. All the power under the constitution is distributed among the legislature, executive and the judiciary. As all the power is vested among the three organs of the state, they are under a positive obligation to fulfill the promises. Thus, a harmonious relation between these organs of the state is sine qua non for the interest of the people and the country. But, since the commencement of the constitution, some sort of discrepancy is apparent in the functioning of these organs.
In this paper, I will make an attempt to investigate the cause of the incongruity among these organs, particularly between the legislature and judiciary, and how it affects the interest of the people of India. In this respect, Kesavananda Bharati case is of paramount importance and a critical analysis of the same is very essential. Thus, considering the instances since the commencement of the constitution, which led to the emergence of this case, I will make a critical analysis of Kesavananda Bharati case.