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Payel Nandi (LAW STUDENT)     11 January 2010




 6 Replies

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.

V have the democratic country having separation of powers. Generally the legislature makes laws by appreciating the situation prevailing in the States. The judiciary passes the orders and judgements by applying the laws which are enacted by the legislatures. The judiciary plays important role when the direction in the statutes or enactment is ambiguous, then Judiciary required to create law by  guidelines or by way of interpretation. I mean judiciary has to play Political role in the society. Judicial activism sometimes make the law, if I m not wrong.
Please Ld senior members of the Forum, May I know what has happened in the Shabano case? And please explain the role of judiciary and the role of legislature in this matter If Payal permits me to ask this.

Arup Kumar Gupta, Korba, Chattishgarh ((m)9893058429)     11 January 2010


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..  :)


Parliament and State Legislature make laws. Politicians are law makers and law breakers and Courts are for common people to punish.

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.

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