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ARTICLE · 14 JUNE 2023

Does India's New Attempt At Regulating News Pass Constitutional Muster?

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The Constitution of India makes several nods acknowledging the doctrine of Separation of Powers between the different pillars of our democracy.

IndiaGovernment, Public Sector
Dhruv Singh
Dhruv Singh
Shivalik Chandan
Shivalik Chandan
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"There is as yet no liberty if the power of judging be not separated from legislative power and the executive power"- Charles de Montesquieu, The Spirit of the Laws, 1748

The Constitution of India makes several nods acknowledging the doctrine of Separation of Powers between the different pillars of our democracy. However, one tends to notice this only when there is a breach of this most basic principle.

Valid arguments do of course exist against strict observance in a welfare state such as our own. For example, legislative power should not be allowed to proceed unchecked, and the Judiciary may interfere where a law transgresses a line drawn by the Constitution. Similarly, the Judiciary may be required to make rules for its own functioning.

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