Constitutional Obligation vs. Executive Discretion: A Case Study
constitutional mh_cet_law advanced pyq_discussionMaine socha tha Contract aur IPC ka paper jhakkar kar dega, par Constitutional Law ka paper to bahut hi zyada mushkil tha. Ek question thi: "A state government decides to introduce a new legislation, but it is challenged in the court on the grounds that it infringes Article 14 of the Constitution. The court holds that the legislation does not violate Article 14, but the executive decides not to implement the legislation. Can the executive take this decision?"
Toh, correct approach kya hai? First, Article 14 wali chaal ko understand karna hai, aur phir uska application. Kya legislation Article 14 ke anusaar hai ya nahi? Agar nahi, toh court ka decision to the last word hai.
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Abey, this is a great topic! In constitutional law, we have to balance between Article 14, 19, 21 etc. which give basic rights to citizens, and the executive's discretion to make policies. Case study can be of Indira Gandhi vs Raj Narain (1975) where Indira Gandhi's election was annulled due to electoral malpractices. SC ruled that 'reasons' must be given. This shows that executive discretion has limits, and they must be answerable to SC and Parliament.