Electoral bond is a form of donation to a political party by Indian citizens or companies in India. They take the form of promissory notes and are I ssued only by the State Bank of India. Brought in as a ...
The doctrine of Separation of Powers emphasizes the mutual exclusiveness of the three organs of government, viz., legislature, executive and judiciary. The main underlying idea is that there should not be concentration of all the functions/powers in one organ. Separation of power in US: The AmericanRead more
The doctrine of Separation of Powers emphasizes the mutual exclusiveness of the three organs of government, viz., legislature, executive and judiciary. The main underlying idea is that there should not be concentration of all the functions/powers in one organ.
Separation of power in US:
- The American Constitution follows strict separation of power. Its Art. I vests legislative power in the Congress; Art. II vests executive power in the President and Art. III vests judicial power in the Supreme Court.
- The Presidential form of government envisioned under this is based on the theory of separation between the executive and the legislature.
- On the basis of the Doctrine of Separation of Powers, the Supreme Court was not given the power to decide political questions. Also, overriding power of judicial review was not given to the Supreme Court until a landmark case of Marbury v. Madison.
- The US Constitution however incorporates some exceptions to the doctrine of separation with a view to introduce the system of checks and balances. For instance, a bill passed by the Congress may be vetoed by the President and, to this extent the President may be said to be exercising a legislative function.
- Therefore, in theory, the US insists on the absolute rigid separation of powers, but in practice, this principle is combined with the principle of checks and balances.
Separation of power in Britain:
- In Britain, there is a Parliamentary form of government, wherein the king is the nominal head, and the actual legislative functions are performed by the Parliament. Although the king is the chief executive, he is also an integral part of the legislature, and all his ministers are also members of specific houses of the Parliament.
- Britain has the concept of separation of powers, but it is not in a formal sense like in the United States. The three branches are not officially separated, but there is still a large overlap as in India.
- Therefore, the U.K. has a non-rigid separation of power which implies that the doctrine of Separation of Power is implemented in a broad sense as a result of which the functions of all three organs overlap with one another.
Separation of Power in India:
- The idea of Separation of power forms the basic structure of the Indian Constitution. However, a closer look at the provisions of the Indian Constitution, indicate that there is no strict separation of power in India and there are large exceptions:
- There is personnel and functional overlapping between the executive and the legislature.
- Even the power to amend the Constitution by Parliament is subject to the scrutiny of the Court. The Court can declare any amendment void if it changes the basic structure of the constitution.
- The President of India who is the supreme executive authority in India exercises law making power in the form of ordinance making power under Article-123.
- The executive branch also influences the operation of the judiciary by appointing Chief Justices and other judges.
Thus, India has adopted the doctrine of separation of powers not in an absolute rigid sense but with the system of checks and balances. Also the doctrine of separation power cannot be practically applied in the strict sense in any contemporary democracy.
See less
The Electoral Bond scheme and its impact on the existing transparency within Indian politics based on the information present here and your additional comments. Electoral Bonds: A Contested Reform Electoral Bond Scheme was brought in the light of reducing black money in the funding of political partRead more
The Electoral Bond scheme and its impact on the existing transparency within Indian politics based on the information present here and your additional comments.
Electoral Bonds: A Contested Reform
Electoral Bond Scheme was brought in the light of reducing black money in the funding of political parties. Despite the above benefits it still raises controversy in relation to the effect in the area of transparency and accountability.
Advantages:
-Replacement of Cash Contribution: In theory, this is done by replacing cash contributions with instrument based dues, which can be presumed that other unidentified cash inflows into political funding.
-Anonymity of the Donor: The program allegedly safeguard the donors from possible harassment as well as intimidation.
-Immunity of Taxes: Donations relating to electoral bonds are exempt from taxes and this may extend more individuals and firms in giving.
-Opacity in Funding Sources: It remains quite questionable simply because the source of funds for electoral bonds has not been disclosed at all. It can accept without revealing the identities of the donors or their sources may be local or even foreign.
-Influence of Corporate Interests: The scheme can permit huge amount of corporate donations and has been criticized as allowing large corporate interests to buy influence over the parties.
-Asymmetric Information: This is so because the ruling party has information over the opposition parties in regards to the buying of bonds.
-Potential for Misuse: The major problem that may arise from the current situation is the misusing and corruption which is caused by the absence of transparency and no upper limit of donation amount.
To increase the transparency and accountability in political funding, the following measures can be considered:
-Company-level Donation Cap: Place a check on the amount that a corporation can contribute through electoral bonds.
-Disclosure Threshold: Call for disclosure of all monand donations that exceed a specified limit with a view of achieving this goal.
-Independent Review Mechanism: An autonomous entity that is involved in the matters of transactions that involve electoral bonds or any other dispute regarding the same.
Public Awareness Campaigns: Voter awareness of the undisclosed sources of funds and the necessity of effectiveness of political financing.
See less