Question

“Executive power connotes the residue of governmental functions that remain after legislative and judicial functions are taken away”. It was observed by Justice Mukherjee in

• A. Jayantilal Amritlal Shodhan v. F.N. Rao
• B. Central Inland Water Transport Corporation Ltd. v Brojo Nath Ganguly
• C. Mahabir Prasad Santosh Kumar v. State of U.P
• D. Ram Jawaya Kapur v State of Punjab

Hint:

The *Ram Jawaya Kapur* case established that the executive can act without legislative backing, as long as its actions do not infringe on the fundamental rights of individuals or violate any existing laws.

Answer 1

The Correct Option is D

Step 1: Understanding the Question:
The question asks to identify the landmark Supreme Court of India judgment where Justice B.K. Mukherjea observed that executive power is the residue of governmental functions remaining after legislative and judicial functions are subtracted.

Step 2: Key Legal Principles and Approach:
Under the Indian Constitution, the separation of powers is not rigidly defined as in the US Constitution.
The scope and extent of the executive power of the Union (Article 73) and States (Article 162) was comprehensively analyzed by the Supreme Court to determine whether the executive can act without specific legislative sanction.

Step 3: Detailed Explanation:

• The Case: The observation was made in the historic case of Ram Jawaya Kapur v. State of Punjab (AIR 1955 SC 549).

• Facts of the Case: The Punjab government had, by executive order, nationalized the printing and publishing of school textbooks, creating a state monopoly.

• Private publishers challenged this, arguing that the executive had no power to engage in trade or business without a specific law passed by the legislature.

• Justice Mukherjea's Ruling: Writing for a unanimous Constitution Bench, Chief Justice B.K. Mukherjea rejected the challenge.

• He held that the executive power of the State is not confined merely to the execution of laws passed by the legislature.

• He defined executive power broadly as "the residue of governmental functions that remain after legislative and judicial functions are taken away."

• The Court concluded that the executive can carry out commercial activities and formulate policies even without prior legislative enabling laws, provided such actions do not infringe upon the fundamental rights of citizens or violate any existing statutory provisions.

• This has become the leading Indian precedent on the scope of executive power.

• Therefore, Option (D) is the correct answer.

Step 4: Final Answer:
The residual definition of executive power was laid down by Justice Mukherjea in the *Ram Jawaya Kapur* case, making Option (D) the correct answer.