Checks and balances as well as separation of powers are not mere intellectual ideas, but principles which strengthen a democracy in real ways. Discuss in the context of India.
Main Body
AIM: Checks and balances as well as Separation of Powers are important pillars of Constitutionalism. They uphold the pith democracy in India. The three organs include - - Executive - legislative - Judiciary. Each organ keeps a check on the other two - EXECUTIVE on legislative - Makes rules for regulating the procedure and conduct of business of parliament. On Judiciary - Make appointments of CJI and other judges of SC and High Courts
LEGISLATIVE on EXECUTIVE - Through question hour and zero hour, asking questions - Through various motions - no confidence motion, closure, Privilege Motion On Judiciary - Impeachment & removal of judges - Power to amend laws declared unconstitutional by court and sentencing them. JUDICIARY on EXECUTIVE - Judicial Review On legislative - declare Acts unconstitutional. In the similar manner Separation of Power ensued by Constitution - legislative - inact laws executive - Implements laws Judiciary - checks exess of laws.
It strengthens democracy by - (1) Ensuring smooth functioning of 3 organs (2) Non-interference in each other (3) Holding an organ accountable for its actions (4) Gaining absolute control is prevented However, we saw certain setbacks - (1) Judicial overreach - Discarded 99th CAA which provided from NJAC to check appointment by Judiciary. b) super activism - influenced by social media trends. (2) Weakening legislature - only meeting when BJI. Low attendance. (3) Weakened opposition. Way Forward (1) Judiciary appointment to include executive. (2) Fix no. of meeting days of Parliament (3) Strengthen opposition. Executive, legislative and Judiciary are three pillars of Democracy. It is important to ensure that they work in harmony of each other.
Conclusion
Executive, legislative and Judiciary are three pillars of Democracy. It is important to ensure that they work in harmony of each other.
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Surabhi Yadav
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Separation of Powers
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