POWERPLAY OF RIGHTS: POLICY MAKING AND LEGISLATIVE INTERVENTION IN INDIA

AUTHOR – ARIHANA GOHAIN, NATIONAL LAW SCHOOL OF INDIA UNIVERSITY, BENGALURU

BEST CITATION – ARIHANA GOHAIN, POWERPLAY OF RIGHTS: POLICY MAKING AND LEGISLATIVE INTERVENTION IN INDIA, INDIAN JOURNAL OF LEGAL REVIEW (IJLR), 5 (12) OF 2025, PG. 656-662, APIS – 3920 – 0001 & ISSN – 2583-2344

ABSTRACT

India’s governance structure is built on the doctrine of separation of powers, ensuring checks and balances between the legislative, executive, and judicial branches. However, in the Indian context, this principle is not applied in its absolute sense and allows a degree of flexibility and interdependence between the branches. There are areas where the branches collaborate for better governance, policymaking being one of them. Taking this as its context, this paper delves into the often-debated topic of executive power in policymaking within the Indian context.  

Drawing on the landmark case of Rai Sahib Ram Jawaya Kapur and Others v State of Punjab , this paper will explore the distinction between policies formulated by the executive independently and those requiring legislative sanction.^[1] The case examines the functions of the executive, focusing on the initiation and implementation of policies. This paper focuses on policy implementation, arising from the observation that this area lies at the intersection of legislative and executive functions which raises intriguing questions about the separation of powers. The interaction between the executive and legislature brings a new perspective with respect to governance functions in their practical sense and how it squares back to their constitutional significance.

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[1] Rai Sahib Ram Jawaya Kapur and Others v State of Punjab (1955) 2 SCR 225.