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WHO WATCHES THE WATCHMEN?: JUDICIARY, FUNDAMENTAL RIGHTS AND JUDICIAL RESPONSIBILITY

   I. Introduction A constitution performs a number of functions. A constitution constitutes and legitimises political authority, prescribes limitations on the powers that may be exercised by and authorises actions (in the sense of grundnorm) of the latter, and performs integrative function by giving expression to the shared goals, aspirations, values and basic beliefs of the people adopting it. Such goals etc. that the constitution mandates the State to achieve can be termed as constitutional goals. Where a constitution combines integrative as well as limiting functions, like that of the Indian constitution, an inevitable fallout is the unbalanced power distribution among the three organs of the State. The executive, by virtue of control over resources to design and implement the constitutional goals, and the judiciary, as it has the final word on the constitutional goals, wield more power that the legislature, which is the incarnation of the legitimate representative authority of peo