Roadmap for Answer Writing
Introduction
- Definition of Separation of Powers: Briefly explain the principle of separation of powers, which delineates the roles of the legislative, executive, and judicial branches.
- Thesis Statement: State that the Indian Constitution does not strictly adhere to this principle but rather embraces a system of checks and balances.
Body
1. Legislative and Executive Checks
- Presidential Powers:
- Fact: The President can summon (Article 85), prorogue, and dissolve Parliament (Article 85(2)(b)).
- Impeachment:
- Fact: Parliament can impeach the President for constitutional violations (Article 61).
2. Executive and Judiciary Checks
- Judicial Appointments:
- Fact: The President, with the executive’s involvement, appoints judges to the Supreme Court (Article 124) and High Courts (Article 217).
- Judicial Review:
- Fact: The judiciary can review executive actions. This power is validated in Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980).
3. Legislative and Judiciary Checks
- Removal of Judges:
- Fact: Parliament can remove judges from the Supreme Court (Article 124(4)) and High Courts (Article 217(1)(b)) through impeachment.
- Judicial Review of Legislation:
- Fact: The judiciary can strike down unconstitutional laws, as affirmed in the Kesavananda Bharati case.
Conclusion
- Significance of Checks and Balances: Conclude by emphasizing that the Indian Constitution’s checks and balances system ensures that the branches of government operate harmoniously within their limits, maintaining democratic governance.
Yes, the Constitution of India does not adhere strictly to the principle of separation of powers but is based on the principle of ‘checks and balances.’
Checks and Balances Principle:
This integration ensures that no single branch becomes dominant and each branch can exercise control over the others, maintaining a balanced governance structure.
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
Executive and Judiciary
Legislative and Judiciary
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.