The Common Law in India - College of Social Sciences and ...

The Indian Constitution 175the course of its historical development Parliamenthas performed and in a way still performs judicialfunctions. Indeed the expression " Court of Parliament" is not unfamiliar to English lawyers. However,a differentiation of the functions of differentdepartments is an invariable feature of all writtenconstitutions. The very purpose of a written constitutionis the demarcation of the powers of differentdepartments of government so that the exercise oftheir powers may be limited to their particular fields.In countries governed by a written constitution, asIndia is, the supreme authority is not Parliament butthe constitution. Contrasting it with the supremacyof Parliament, Dicey has characterised it as thesupremacy of the constitution.The executive power of the Indian Union is vestedin an elected head, the President of India. 4 He holdsoffice for a term of five years and may be removedfrom office by impeachment for violation of theConstitution. The executive functions of the Unionextend, as in the Canadian Constitution, to all matterswith respect of which the Union Parliament maymake laws. 5 The President has to exercise his powerswith the " aid and advice " of his Council of Ministersof which the Prime Minister is the head. 6 The PrimeMinister is appointed by the President and themembers of the Council of Ministers are also appointedby him on the advice of the Prime Minister. TheMinisters are to hold office during the pleasure ofthe President and the Council of Ministers is to be* Indian Constitution, Arts. 52, 53 and 54.» Ibid., Art. 73. e xui., Art. 74.