Confrontation of the Judiciary and Legislature: What Led to the Highest Bench which Ever Sat in Any High Court

Abstract

The Indian governance structure has the division of power between the judiciary, executive, and legislature. The legislature plays the role of enacting a law, the executive plays the role of implementing the law, and finally, the judiciary plays the role of interpreting the law. Therefore, the judiciary and legislature are two of the most important institutions that India possesses. The clash between these two institutions is not something transformative. India follows a diluted meaning of separation of power but this does not mean to bring the two institutions against each other. This study is a critical analysis of a case, and further ponders upon the jurisprudential understanding of the case and its consequence. It is an important case to discuss which saw two of the most important pillars of democracy standing in front of each other and clashing.