Model Answer

Introduction

The principle of separation of powers advocates for distinct and independent legislative, executive, and judicial branches of government. While the Indian Constitution does not explicitly mention this doctrine, it implicitly embraces the concept of checks and balances, ensuring that each branch operates within its constitutional limits.

Body

The system of checks and balances in the Indian Constitution is designed to prevent the concentration of power in any single branch, fostering cooperation and coordination among them.

Legislative and Executive

1. Presidential Powers: The President of India has the authority to summon (Article 85), prorogue, and dissolve Parliament (Article 85(2)(b)). This power allows the executive to influence legislative sessions.
2. Impeachment: Parliament has the power to impeach the President for violations of the Constitution (Article 61), establishing a check on the executive by the legislature.

Executive and Judiciary

1. Judicial Appointments: The executive, with the President’s involvement, appoints judges to the higher judiciary, including the Supreme Court (Article 124) and High Courts (Article 217). This creates a link between the executive and judiciary.
2. Judicial Review: The judiciary can review executive actions, ensuring they comply with the Constitution. Landmark cases like Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980) highlight this power.

Legislative and Judiciary

1. Removal of Judges: Parliament can remove judges of the Supreme Court (Article 124(4)) and High Courts (Article 217(1)(b)) through impeachment for misbehavior or incapacity.
2. Judicial Review of Legislation: The judiciary can invalidate unconstitutional laws passed by Parliament, a power affirmed in the Kesavananda Bharati case.

Conclusion

The Indian Constitution, through its implicit adoption of the checks and balances system, ensures that the three branches of government function harmoniously within their constitutional limits. This system is vital for maintaining the balance of power and promoting the efficient functioning of the government, ultimately supporting democratic governance.