In Rai Sahib Ram Jawaya Kapur v State of Punjab (1955), Mukherjea CJ described the place of the…
Mukherjea CJ observed that "The Indian Constitution has not indeed recognised the doctrine of separation of powers in its absolute rigidity", but that the functions of the…
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In Rai Sahib Ram Jawaya Kapur v State of Punjab (1955), Mukherjea CJ described the place of the doctrine of separation of powers under the Constitution of India. Which statement reflects the Court's view?
Answer and explanation
Correct answer C
Mukherjea CJ observed that "The Indian Constitution has not indeed recognised the doctrine of separation of powers in its absolute rigidity", but that the functions of the different parts or branches of the Government have been sufficiently differentiated. Total rejection is wrong because the Court accepted a broad differentiation of functions within a parliamentary system, and rigid separation is wrong because the Court expressly denied that the doctrine was adopted in its absolute rigidity.
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