The Problem of Government Excess: Way Forward

Functions of the State in a traditional constitutional democracies are divided among three independent organs. This prevents governmental excess and ensures accountability. When one organ of the State attempts to abuse its power, other organs may check such an attempt. This standard model also increases the costs of state capture by interest groups as they will have to bear the costs of swaying all three organs. However, we claim that although principally potent and effective, this system has failed the modern-day context.

To prove the same, we use the example of India and conduct a case study of three purposively selected laws passed by the incumbent BJP Government; IT Rules, the Farm Bills and the Internet Suspension Rules. To remedy this, we suggest an ex-ante involvement of the Judiciary and an amendment of the legislative procedures as the way forward. This recommendation will have broader implications for constitutional theory and democratic governance beyond India as well.