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The modern state is expected to engage in all the activities necessary for the promotion of the social and economic welfare of the community: Supreme Court
The federal structure of the largest democracy of the world functions through three organs: Legislative, Executive and Judiciary. The doctrine of separation of powers lays down that all the three functions of these organs are different and are not to be transgressed. However, this does not mean that the executive does not have the law making power. A balance, thus, is required to be sought in order to prevent the abuse of power exercised by these organs of the state.
Rai Sahib Ram Jawaya Kapur and Ors. Vs The state of Punjab
Before Supreme Court of India
Delivered on: 12 April 1955
Bench: Chief Justice Mukherjea, Justice V Bose, Justice Jagannadhadas, Justice V Ayyar, Justice Imam.
Author of the Judgement: Chief Justice Mukherjea