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Explain the concept of separation of powers. What are the provisions in the Indian Constitution, which reflect separation of powers?
The separation of powers is a key principle embedded in the Constitution of India to prevent the concentration of power in any single branch of government and to create a system of checks and balances. This doctrine divides the responsibilities of government into three distinct branches: the legislaRead more
The separation of powers is a key principle embedded in the Constitution of India to prevent the concentration of power in any single branch of government and to create a system of checks and balances. This doctrine divides the responsibilities of government into three distinct branches: the legislature, the executive, and the judiciary, each with its own distinct functions and powers.
Legislature is responsible for making the laws of the land, executive is vested with the responsibility of enforcing and implementing these laws and judiciary is responsible for the interpretation and adjudication of these laws. The separation of powers ensures that no single branch of government becomes too powerful.
Following are a few of the Constitution’s articles that advocate for the separation of powers.
• Article 50: This provision requires the state to keep the executive and judicial branches apart. However, because this is covered by the Directive Principles of State Policy, it is not binding.
• The legislatures are prohibited from discussing the actions of a judge of the Supreme Court or High Court under Articles 121 and 211, respectively. Only in the event of impeachment they able to do this.
• The President and Governors are exempt from legal action under Article 361.
• The judiciary has the authority to judicially evaluate the legislative and executive branches’ decisions.
• According to Article 13, if a statute is unconstitutional, arbitrary, or infringes on fundamental rights, the judiciary has the authority to invalidate it.
• Despite the judiciary’s independence, the executive appoints the judges.
• The Constitution ensures that every organ’s discretionary authority falls within the bounds of democracy.
Therefore, by clearly delineating the functions and powers of each branch, the Constitution creates a system of checks and balances where each branch can limit the powers of the others. This promotes a balanced and fair governance structure, prevents abuse of power and tyranny of power, and protects the rights and freedoms of individuals.
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