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The governing code of the state polity is the Indian Constitutional Law. The three pillars that fortify the governance are legislature, executive and judiciary. The three form part of the government and the role and powers of these wings of state governance are well demarcated in the Constitution itself. Each wing has to carry out its duties. Among these wings nothing is supreme and they have their own limitations. The reason for these limitations is that none can overreach in its duties since nothing is supreme. Separation of governing powers of executive, legislature and judiciary is considered the basic structure of the Constitution.
Our country is a democratic republic. The representatives of the people are elected by periodical elections to become the constituents of legislature both at Union and State levels. Legislators are the prime law-makers. The limitation lies with the legislation enacted. The majority need not be perfect or even correct and therefore in case of need the validity of the enactments has to be scrutinised by the judiciary. The legislatures cannot act independently but can act only through the machinery of the executive. The tenure confined legislatures have to discharge their duties only through the executive machinery. The implementation part of governance is mainly carried out by the executive wing of State. The monitoring of the executive is challengeable at the purview of the judiciary. The judiciary must deliver its verdict as per the prevailing laws of the country. But the judiciary must ensure that the existing laws and the new ones d0 not violate the Constitutional provisions. Nothing can be created or can happen, violating the basic structure of the Constitution. None of the wings of state governance can violate the basic structure of the Constitution. The notice of such violations come under the purview of the judiciary; to be specific, the apex court of the country.
In democratic polity the mandate given by the electorate is important. Since the legislatures are elected, the decision of the majority of them may not be perfect for implementation. Majority is the rule in the dispensation of duties by the legislature. But in the name of majority the ultimate welfare of the people should not be hampered. The dispensation of legislature is subject to scrutiny in the form of control by the judiciary. The control is not a routine activity but done whenever challenges arise on the dispensation of legislature. The executive action is also subject to challenge in the form of filing writ at Constitutional courts viz. the Supreme Court of India and High Courts. The judges of the Constitutional Courts have to act as per the Constitution in letter and spirit. The Constitutional provision can also be amended by the legislature. Constitution also permits it. Yes; the provisions may be amended but not the basic structure of the Constitution. The Constitution is supreme. Who founded the Constitution? – The forefathers of the country. In whose name does the Constitution stand? ‘On us, the People of India’ – So, the sovereignty of the country does not lie either with the executive, legislature or the judiciary. The country’s sovereignty rests only with the People of the country. This is undeniably meant by the expression — “We, the People of India …………”
– nietzsche
