Roadmap for Answer Writing
1. Introduction
- Define separation of powers as proposed by Montesquieu, emphasizing its relevance to modern constitutional systems.
- Briefly mention that India, the USA, and the UK implement this doctrine differently.
2. Body (Structured Comparison)
A. Theoretical Foundation
- Highlight the classical concept as per Montesquieu: three branches (Legislature, Executive, Judiciary) must be independent to avoid concentration of power.
- Mention its variations in practice.
B. India
- Describe the parliamentary democracy with a system of checks and balances.
- Discuss overlap:
- Executive is part of the Legislature.
- Judiciary is independent but can review legislative and executive actions (Article 13, Article 32, Article 226).
- Example: Judiciary’s role in striking down unconstitutional laws (Kesavananda Bharati Case, 1973).
C. USA
- Presidential system ensures a strict separation:
- President is neither part of Congress nor subordinate to it.
- Judiciary is entirely independent; judicial review established in Marbury v. Madison (1803).
- Example: Executive orders vs. Supreme Court rulings (e.g., striking down President Trump’s travel ban partially).
D. UK
- Absence of a written constitution implies flexibility.
- Overlap: Prime Minister and Cabinet are part of Parliament. Judiciary is independent but lacks constitutional supremacy (Parliamentary Sovereignty).
- Example: Miller v. Prime Minister (2019) on Brexit showed judiciary’s growing role.
E. Key Contrasts and Similarities
- USA: Rigid separation; independent judiciary.
- India: Mixed model; judiciary plays a critical role in maintaining balance.
- UK: Emphasis on parliamentary sovereignty, less rigid separation.
- Similarity: All ensure mechanisms to prevent abuse of power.
3. Conclusion
- Summarize that the separation of powers is contextual to the political and constitutional frameworks of each nation.
- Assert that flexibility in India and the UK is vital for evolving democracies, while the USA’s rigidity ensures clear accountability.
Relevant Facts
India
- Kesavananda Bharati Case (1973): Established judicial review and basic structure doctrine.
- Article 50: Directive for separation between executive and judiciary.
USA
- Marbury v. Madison (1803): Established the principle of judicial review.
- President’s veto power as a check on Congress.
UK
- Parliamentary sovereignty is the cornerstone of the UK system.
- Miller Case (2019): Judicial review of executive decisions on Brexit.
Model Answer
Introduction
The principle of separation of powers ensures a clear demarcation of responsibilities among the three branches of government—Legislature, Executive, and Judiciary. It includes checks and balances to prevent any branch from becoming overly powerful. While India, the USA, and the UK adhere to this concept, their implementation reflects their unique constitutional frameworks and historical contexts.
Similarities
1. Existence of Three Organs
All three nations recognize the division of government into the Legislature, Executive, and Judiciary.
2. Checks and Balances
Each country has mechanisms to maintain a balance of power:
Differences
1. Codified vs. Uncodified Constitutions
2. Degree of Separation
Conclusion
The separation of powers in India, the USA, and the UK reflects their distinct constitutional frameworks. While the USA maintains strict separation, India allows functional overlaps, and the UK’s system is more flexible due to its uncodified Constitution.