Ram Jawaya Kapur case
Also called: Ram Jawaya Kapur v. State of Punjab (1955) · Topic: State, Government and Governance: Organs, Levels and the Citizen · NCERT: Beyond NCERT
Meaning
Ram Jawaya Kapur v. State of Punjab (1955) is a Supreme Court case on how power is shared among the three organs of government. The Court held that India does not follow a rigid separation of powers, meaning a strict division of work among the legislature, executive and judiciary. Instead, India has a functional separation. The executive is drawn from the legislature and answers to it. The Court also explained executive power by subtraction: it is whatever government work remains once law-making and judging are taken away.
Example
The case was about the Punjab government taking over the publishing of school textbooks through executive orders, without passing a specific law. The Court held that the executive can act in areas where the legislature could make laws, as long as it does not break any existing law or anyone's rights.
Don't confuse with
- Strict separation of powers (USA): in the USA, the executive is kept fully apart from the legislature. In India, ministers sit in the legislature and must keep its confidence.