BJ

BHAVESH JAGLANAIR 128· 2025

Question Q.1GS2GS2

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.

Open scan (p.1)

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:

1Supreme court has power of judicial

review of executive & legislative action

AS declared 99th CAN void [Article 13]

2Executive is responsible to legislature

under Article 74/75 and 163/164

3President gives final assent to bills

passed by legislature

4President appoints the judiciary (Article 124)
5Constitutionalization of tribunals

under Article 323A / 323B

6Power of President to introduce

Ordinances under Article 123

7Power of Supreme Court to pass

judgement in lieu of full justice

under Article 142

8Removal of higher judiciary judges

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:

1Definition of forest as laid out

in Godavarman Judgement by sc

2Recognition of Polluter Pays Principle

in MC. Mehta case

3Establishing right to clean air and

water in Subhash Gay case

4Recognizing citizens right to

enforce administration to provide

for deadlines initiative in

Vellore (Bethyu) Welfare Forum case

5Recognition of Intersectionality

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:

1Cracker ban case
2Halting of development projects even

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:

1Expulsion of 143 parliamentarians

from opposition

2Expurging of remarks other 'I got
3Certification of ordinary bills as

money bills EG sadier Bill

4Impartiality in time distribution to

opposition in question hour EG NCET

issue

5Delay in taking decision on expulsion

under Xth schedule EG Manipur dal

6Appointment and nomination

of members to parliament committees

7Pregnancy adjustments

However, this has significant

effect on public trust:

1Protests against Farm laws
2Meme fest on social media

Way forward:

Accord once a speaker

always a speaker'

Transfer Xth scheduled decision

to President on ECI recommendation

(Dinesh Goswami Committee)

Speaker is the keystone of the

house, must exhibit statesmanship viz.

showmanship.

426 words33 paragraphs2 bullet points

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

Topper

BHAVESH JAGLAN

AIR 1282025

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Separation of Powers

Writing Stats

448

Total words

33

Paragraphs

2

Bullets

analytical and prescriptive

Tone