RAI SAHIB RAM JAWAYA KAPUR V. STATE OF PUNJAB (1955): A CASE COMMENTARY

This paper examines the landmark case of Rai Sahib Ram Jawaya Kapur v. State of Punjab (1955), which established important principles regarding the scope of executive power in India. Arising from the Punjab Government's nationalisation of textbook publishing, the case addressed whether the executive could undertake such activities without specific legislative authority and whether the policy violated Article 19(1)(g). The Supreme Court held that executive power is co-extensive with legislative power and does not require separate statutory authority for every executive action, provided it remains within constitutional limits. The paper explores the Court's flexible approach to separation of powers and its continuing relevance, particularly in distinguishing legitimate executive action from actions requiring legislative sanction. It also critically examines the balance between administrative efficiency and constitutional accountability.