SD

Sudipa DuttaAIR 41· 2020

Question 6GS2GS2

Explain the concept of Separation of Powers. What are the provisions in the Indian Constitution which reject separation of Powers?

Open scan (p.13)

Main Body

Separation of Powers is a principle which reflect the division of power between different organs of a government to as to avoid concentration of power.

The features of this concept:

1It seek determining the role of different organs of government i.e. Executive, Legislature & Judiciary and make laws, Executive to implement those laws, Judiciary to interpret those laws.
2It ensures independent functioning of different organs.
3It has emerged as a counter balance to the principle of checks and balance.
4It has demonstrating influence: Provision of Indian Constitution which reject separation of powers:

Article 50 - As a fact of Directive Principles of state policy an state should take steps for separate executive from executive.

Article 121 & 211 - these articles deal with the provisions that the conduct of judges cannot be observed in either House of Parliament.

Article 122 & 212 - these articles deal with the providing that the proceedings of parliament of state may not be discussed in any court of law.

Article 15 - which provide that members must cease to be a senator for Judges which ensures through security of tenure and ban on practice after retirement.

Provisions of Civil service and judicial service - which ensure the separated executive with holding from judicial functions.

The principle of Separation of Powers is not enshrined specifically in one constitution but necessary provisions have been made in this regard wherever necessary.

238 words3 paragraphs

Conclusion

Conclusion: The principle of Separation of Powers is not enshrined specifically in one constitution but necessary provisions have been made in this regard wherever necessary.

25 words

Examiner score
1/10

Open original scan

Page 13

Topper

Sudipa Dutta

AIR 412020

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Separation of Powers Principle

Writing Stats

263

Total words

3

Paragraphs

formal

Tone