Roadmap for Answer Writing Introduction Define judicial legislation and its relationship to judicial activism. Briefly explain the doctrine of separation of powers as envisaged in the Indian Constitution. State the tension between judicial legislation and separation of powers. Need for Judicial Intervention Discuss the emergence of ...
The executive branch in the Indian political system comprises the President, the Prime Minister, and the Council of Ministers. The Constitution outlines the powers and responsibilities of each of these entities, as well as the mechanisms for ensuring their accountability to the Parliament and the juRead more
The executive branch in the Indian political system comprises the President, the Prime Minister, and the Council of Ministers. The Constitution outlines the powers and responsibilities of each of these entities, as well as the mechanisms for ensuring their accountability to the Parliament and the judiciary.
Executive Powers and Functions:
1.The President:
The President is the ceremonial head of the state and exercises executive powers on the advice of the Council of Ministers.
The President’s powers include the appointment of the Prime Minister, the dissolution of the Lok Sabha, the promulgation of ordinances, and the granting of pardons.
The President also serves as the Supreme Commander of the Armed Forces and plays a role in the legislative process.
2. The Prime Minister and the Council of Ministers:
The Prime Minister is the head of the executive branch and the leader of the majority party or coalition in the Lok Sabha.
The Prime Minister chairs the Cabinet and oversees the functioning of the various ministries and departments.
The Council of Ministers, led by the Prime Minister, is collectively responsible to the Lok Sabha and exercises a wide range of executive powers, including policymaking, implementation, and administration.
Accountability Mechanisms:
1.Accountability to the Parliament:
The Prime Minister and the Council of Ministers are collectively responsible to the Lok Sabha, the lower house of the Parliament.
The Parliament exercises oversight through mechanisms such as question hours, debates, and the introduction of no-confidence motions.
The Parliament also has the power to impeach the President for “violation of the Constitution.”
2.Accountability to the Judiciary:
The judicial branch, led by the Supreme Court, plays a crucial role in ensuring the accountability of the executive.
The courts have the power to review the actions of the executive and declare them unconstitutional if they are found to be in violation of the law or the Constitution.
The principle of “judicial review” has been established as a core feature of the Indian constitutional framework.
Debates on Discretionary Powers:
The extent of the executive’s discretionary powers has been a subject of ongoing debate and discussion:
1. Concerns about Concentration of Power:
There are concerns that the executive, particularly the Prime Minister and the Cabinet, wield excessive discretionary powers, which can lead to the concentration of power and the potential for abuse.
2. Balancing Efficiency and Accountability:
The need for efficient decision-making and effective governance must be balanced with the imperative of ensuring accountability and preventing the arbitrary use of power.
3. Judicial Intervention and the Doctrine of “Basic Structure”:
The judiciary has played a crucial role in defining the limits of executive discretion, particularly through the development of the “basic structure” doctrine, which restricts the Parliament’s ability to amend the Constitution’s core features.
4. Evolving Interpretations and Contextual Considerations:
The debates surrounding the executive’s discretionary powers are ongoing, with the courts and the political system continuously evolving their interpretations based on changing contexts and emerging challenges.
The effective exercise of executive powers, while maintaining a balance with the principles of parliamentary democracy and the rule of law, remains a dynamic and complex challenge in the Indian political landscape. Ongoing efforts to strengthen the accountability mechanisms and strike the right balance between efficiency and oversight are crucial for the healthy functioning of the Indian democracy.
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Model Answer Introduction The doctrine of separation of powers, as envisaged in the Indian Constitution, promotes the division of governmental responsibilities into distinct branches to limit any one branch from exercising the core functions of another. Judicial legislation, also known as judicial aRead more
Model Answer
Introduction
The doctrine of separation of powers, as envisaged in the Indian Constitution, promotes the division of governmental responsibilities into distinct branches to limit any one branch from exercising the core functions of another. Judicial legislation, also known as judicial activism, occurs when the judiciary interprets the law or creates new legal principles, often encroaching upon the domain of the executive or legislature.
Need for Judicial Intervention
The Indian judicial system has witnessed a large number of Public Interest Litigations (PILs) as citizens seek to address pressing social issues, protect fundamental rights, and hold the executive accountable. In many cases, the executive and legislative branches have been unable or unwilling to tackle these issues effectively. As a result, the judiciary has stepped in to bridge the gap and protect the rights of citizens. A specific example of judicial intervention is the Supreme Court’s decision in the Vishaka case (1997), where the court laid down guidelines to address sexual harassment in the workplace.
Evolution of PIL in India
PIL emerged as a powerful tool in the 1980s to provide access to justice to marginalized and disadvantaged sections of society. The judiciary, led by proactive judges, relaxed the rules of locus standi and allowed any individual or organization to file a case on behalf of those who could not approach the court themselves. A notable example is the case of Bandhua Mukti Morcha v. Union of India (1984), where the Supreme Court allowed an NGO to file a case on behalf of bonded laborers.
Judicial Guidelines and Directives
In various PILs, the judiciary has issued guidelines and directives to the executive, aiming to address issues such as environmental protection, human rights, and corruption. These guidelines, while encroaching upon the executive’s domain, have often proven necessary to address policy paralysis, bureaucratic inefficiency, or corruption. The Supreme Court’s directives in the MC Mehta v. Union of India case (1986) are a prominent example of judicial guidelines to address environmental protection.
Balancing Act
Although judicial legislation can be seen as a violation of the doctrine of separation of powers, the Indian Constitution provides for a system of checks and balances, allowing the judiciary to review and interpret the actions of the executive and legislature. A significant example is the Supreme Court’s judgment in the Common Cause v. Union of India case (2017), where the court directed the government to introduce measures for transparency in political funding, addressing corruption while encroaching upon the executive’s domain.
Conclusion
While judicial legislation can be seen as antithetical to the doctrine of separation of powers, the filing of numerous PILs praying for guidelines to be issued to executive authorities is justified in the context of India’s unique challenges. The Indian judiciary has played a crucial role in upholding the rights of citizens, addressing pressing social issues, and ensuring accountability from the executive and legislative branches. This intervention, while pushing the boundaries of the separation of powers, has been necessary to maintain a balance and protect the public interest in many cases.
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