Supreme Court of India with reference to the doctrine of Separation of Powers
It has been held by the Indian Supreme Court that the Constitution of India adopts the doctrine of Separation of Powers as known to Western Constitutionalism. It is well known that the VII Schedule of the Constitution deals legislative powers as distributed between the Union and State Governments. It is clear that Entry 22 in Concurrent List deals with labour relations [13]. When the Constitution had conferred the specific power to deal with labour relation to specific organs, can the Supreme Court act as a metal-constitutional organ and usurp the powers given to the other organs? Pronouncing an opinion on the right of employees to strike is an act of legislation and the act of the Supreme Court in pronouncing its view is a judicial legislation, which should be frowned by the competent legislative forums. It is unnecessary to add to the informed readers that the finding of Supreme Court in the present case that the workers do not have any moral or equitable right to strike is just trivial and do not deserve any discussions.