Question Q.9GS2GS2

The Indian Constitution does not follow the doctrine of separation of powers in its strictest sense; instead, it adopts a model based on 'checks and balances'. Elucidate.

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Answer Strengths Keywords

Main Body

Doctrine of 'Separation of Power' ensues that 3 organs of governance work separately for the respective jurisdictions.

-Indian model adopts "checks and balance" where one may intersect in another's to preserve authoritarian tendencies.

Provisions in Indian Constitution for checks and balances =>

1Art-75 => Administrative are collectively responsible to LoK Sabha.

(Executive checked and balanced by legislator)

2Art-114 => Appropriation of Bill, Needs demand of grant shall be carried out without parliament's approval

demand of grant shall be carried out without parliament's approval.

3Parliamentary committees => check and balance on executive by legislature.

4Judicial review => have violating unstitutional provisions (and be declared void by Judiciary.

(Judiciary check and balance on legislature)

5Appointment of SC and HC judges by President as an executive check on legis Judiciary

6President can send back bill for reconsideration 44th CAI, 1974

However some independence is also ensured by institution =>

Art-121 and 122 => prevent legislator and judiciary to not to infringe in each other's matters and discussion.

Art-105 => Grand Parliamentarians individual and collective privileges

Checks and Balance in Indian Constitution has ensured democratic governance and prevented despotic tendencies.

"Art-62" of Indian Constitution states that the Vice-President shall be the ex-officio Chairman of Rajya Sabha.

Role of Vice-President as the Chairman of Rajya Sabha =>

1Power of adjournment of the house => when either business is over or sitting cannot be carried out due to disruption.

2Decides on the agenda of the sittings

3Conducts the house proceedings by ensuring quorum in the house

4Decides the members on the panel of vice-chairpersons.

5Possesses the power of casting vote in case of equality of vote.

6He maintains order, decorum and discipline in the house, is the final interpreter of constitutional provisions in the house.

7Decides on the question of defection

8Admit or reject the motion presented by the MPs.

Procedure for removal from the office =>

is mentioned in Art-67 of Indian Constitution.

He is removed as the Vice-President of India by effective majority, i.e., not less than half the no of members present in Rajya Sabha (Total strength-vacated seats) + simple majority in Lok Sabha.

He shall be given 14 days notice before motion of removal can be carried.

He does not possess voting rights in the process of his own removal.

If motion is found, he does stands removed with the assent of President.

Vice-President is an office of a 2nd highest in protocoland one of utmost constitutional importance

Art-105 of Indian Constitution provides parliamentarians with certain privileges.

Individual and Collective

Currently they are not codified and are granted on the basis of convention.

Need for codification of parliamentary privileges =>

Arguments for =>

1Rule-based privileges => ensures protection of parliamentarians.

2Reduction in disputes => whether a particular act falls under privilege or not.

3Lower the burden on judiciary => with parliamentarians working under codified privileges.

4Presiding officer's discretion avoidance => as codification can provide with written rules to ruler to.

Arguments against =>

1Lowers the authority of parliament => By codifying the broad conventions, narrowing down the privilege may hinder the independence MPs enjoy in parliament.

2Frequent disputes => over the interpretation of rules of privileges.

3Increased workload of judiciary => cases like P.V. Narasimha Rao can etc. may increase in number due to codification.

570 words38 paragraphs6 bullet points

Conclusion

Checks and Balance in Indian Constitution has ensured democratic governance and prevented despotic tendencies. Vice-President is an office of a 2nd highest in protocol and one of utmost constitutional importance.

30 words

Well-structured argument
Multiple constitutional provisions cited
Balanced approach
Comprehensive coverage of removal procedure
Clear numerical thresholds provided
Covers all procedural steps

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Page 20

Topper

AKASH KUMAR

AIR 1012025

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Checks and Balances in Indian Constitution

Writing Stats

600

Total words

Paragraphs

Bullets

analytical and explanatory

Tone