The scope of the executive power has been elaborately discussed by the Supreme Court in the case of _________.

The correct answer is 'Ram Jawaya v. State of Punjab'

Key Points

• Ram Jawaya v. State of Punjab:
  • This landmark case (1955) is significant in understanding the scope of executive powers under the Indian Constitution.
  • The Supreme Court held that the executive power of the Union and the States is coextensive with the legislative power. This means the executive can act in areas where the legislature has the authority to make laws, provided it does not contravene any laws already in force.
  • The case clarified that executive powers are not strictly confined to legislatively enacted laws but extend to areas of governance not specifically covered by law.
  • It also explained the principle of separation of powers, stating that while the legislature makes laws, the executive implements them, and the judiciary interprets them.
  • This judgment has been pivotal in defining the functional scope of the executive branch in a parliamentary democracy.

Additional Information

• Madhu Kishwar v. State of Bihar:
  • This case primarily dealt with gender equality and tribal customary laws.
  • The focus was on whether tribal customs that discriminate against women in matters of inheritance are violative of constitutional provisions.
  • It does not explore or elaborate on the scope of executive powers, making it irrelevant to the question.
• A.C. Jose v. Sivan Pillai:
  • This case revolved around the conduct of elections and the role of the Election Commission of India.
  • The Supreme Court discussed the powers of the Election Commission in ensuring free and fair elections, but it did not address the scope of general executive powers.
• State of Assam v. Ripa Sharma:
  • This case is related to service matters and administrative decisions in the context of state government employees.
  • It does not provide any significant discussion on the broader constitutional scope of executive powers.