The Indian Constitution does not embody a strict separation of powers rather it introduces a system of checks and balances, with overlapping functions and interdependencies among the legislature, executive, and judiciary. Elaborate.
Main Body
Supreme Court in Indira Gandhi
vs Raj Narain (case 1975) recognized
separation of powers as a basic structure.
However, it highlighted the inter-locking
nature [unlike which] strict water-tight [of USA]
Systems of Checks and Balances:
review of executive & legislative action
AS declared 99th CAN void [Article 13]
under Article 74/75 and 163/164
passed by legislature
under Article 323A / 323B
Ordinances under Article 123
judgement in lieu of full justice
under Article 142
by parliament
However, certain provisions
like Article 50 (separation of executive
from judiciary), Article 121 (non-
encroaching in judicial functions by legislature)
also indicate strict separation
of power functions.
Supreme Court in M.K. Singh v/s
Union of India expanded the scope
of Article 14 and 21.
Judiciary's Role in Constitutionalization
of environmental issues:
in Godavarman Judgement by sc
in MC. Mehta case
water in Subhash Gay case
enforce administration to provide
for deadlines initiative in
Vellore (Bethyu) Welfare Forum case
between environment and development
Eg Supreme court set up Pani Chipra
committee to review Chet-Shem Road
& However, this has sometimes
lifted towards judicial overreach:
after EIA studies are Sardar
Saroves dam, Harey meto cerched
Thus, there is need to balance
judicial activism with restraint.
Article 93 of the constitution
provides for the office of speaker.
However, recent instances have
put a question mark over conduct:
from opposition
money bills EG sadier Bill
opposition in question hour EG NCET
issue
under Xth schedule EG Manipur dal
of members to parliament committees
However, this has significant
effect on public trust:
Way forward:
always a speaker'
to President on ECI recommendation
(Dinesh Goswami Committee)
Speaker is the keystone of the
house, must exhibit statesmanship viz.
showmanship.
Conclusion
Thus, there is need to balance judicial activism with restraint. Speaker is the keystone of the house, must exhibit statesmanship viz. showmanship.
22 words
- Uses specific examples of Speaker misconduct
- References relevant constitutional articles
- Provides institutional solutions via committee recommendations
BHAVESH JAGLAN
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Separation of Powers
448
Total words
33
Paragraphs
2
Bullets
analytical and prescriptive
Tone