Constitutional Safeguards vs Effective Governance: A False Dichotomy

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I completely disagree with the claim that the constitutional safeguards in India often come at the cost of effective governance. Many argue that the judiciary's overreach into executive functions hinders the government's ability to deliver on its promises. But this reasoning is fundamentally flawed.

In the landmark case of Raj Narain v. CBI (1975), the Supreme Court held that the executive's actions must be subject to judicial scrutiny to prevent abuse of power. This balance is essential to prevent the concentration of power, which can lead to authoritarianism. Effective governance is not about absolute power, but about accountability and transparency. By ensuring that the executive remains within constitutional bounds, the judiciary is actually enabling better governance, not hindering it.

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