Law:

Section:

(a) Constitution-Government under written Constitution ­Normal scheme under system is to have trichotomy of power between the executive, the Legislature and the Judiciary-Each of these organs may be fashioned in variety of different forms and shapes-Constitution defines the functions of each organ and also specifies territories in which, the subjects in respect of which, and sometimes even the circumstances in which these functions will be exercised by each of these organs or sub-organs­ Limitations on each organ, inherent. In the case of a Government set up under a written Consti­tution, the functions of the State are distributed amongst the various State functionaries and their respective powers defined by the Constitution. The normal scheme under such a system, with which we are familiar, is to have a trichotomy of powers between the executive, the Legislature and the Judiciary. But each of these organs may itself be fashioned in a variety of different shapes and forms. Thus the Legislature may be unicameral or bicameral; the legislative subjects may be divided between the federating units and the federation in a federal system or even the legislative power may be divided between the executive and the Legislature as in our present system. The executive may take the Presidential or the Parliamentary form. The judiciary also may consist of various types and grades of Courts with the highest at the apex either as an ultimate Court of appeal or a Court of Cessation. There may also be other administrative tribunals outside the judicial pyramid. In all such cases, it will also be the function of the Constitu­tion to define the functions of each organ or each branch of an organ, as also specify the territories in which, the subjects In respect of which and sometimes even the circumstances In which these functions will be exercised by each of these organs or sub-organs. Limitations would, therefore, be inherent under such a system so that one organ or sub-organ may not encroach upon the legitimate field of the other. Thus, under a written Constitution, the Legislature of a federal unit will not be able to legislate in respect of a subject which is within the field…

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