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What does the term ‘constitutional breakdown’ mean? Does the suo motu inquiry of courts in inquiring conditions as to whether there exist situation/s that constitute a ‘constitutional breakdown’ make it judicial over-reach on the part of the court? Analyse.

Topic:  Separation of powers between various organs dispute redressal mechanisms and institutions.

4. What does the term ‘constitutional breakdown’ mean? Does the suo motu inquiry of courts in inquiring conditions as to whether, there exist situation/s that constitute a ‘constitutional breakdown’, make it judicial over-reach on the part of the court? Analyse. (250 words)

Reference: The Hindu 

Why the question:

The Supreme Court on Friday quite rightly stayed an Andhra Pradesh High Court order that sought to convene a judicial inquiry into whether there is a “constitutional breakdown”

Key Demand of the question:

To explain about constitutional breakdown and its feature and to examine the recent order of the HC, if that makes it a case of judicial over-reach.

Directive:

Analyze –

When asked to analyse, you have to examine methodically the structure or nature of the topic by separating it into component parts and present them as a whole in a summary.

Structure of the answer:

Introduction:

Start by writing about article 356 and defining constitutional breakdown.

Body:

In the body, elaborate up on, the expression “breakdown of constitutional machinery” has not been defined in the Constitution and can happen due to political reasons such as hung assembly, the government losing majority in the assembly, failure of any political grouping to form a government, defections and break-up of coalition or because of insurgency etc.

Analyse the recent judgement of the A.P High Court order and subsequent stay by the SC on it. Make a case for it being judicial over-reach on the part of the HC.

Conclusion:

Suggest measures to have proper separation of powers between the executive and judiciary.

CategoriesINSIGHTS