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
Honble Supreme Court in India vs. Coelho vs. Raj Narain said that Indian Constitution did not follow strict separation of powers. Strict separation of powers implies siloed power among three branches i.e. like USA. However, in India the function and interdependency clash it- i Executive & Legislature:- - executive's members i.e. ministers are collectively responsible to lok sabha (article 75) - cabinet's membership in legislature. - article 122 ordinances law issued by executive. - Delegation legislation. ii Legislature & Judiciary:- - legislature may impeach judges in removal procedure - Judiciary exercity legislature power in Judicial activity - Standby up for National anthem in cinema
iii Legislature & Judiciary: - legislature may impeach judges in removal procedure - Judiciary exercity legislature power in Judicial activity - Standby up for National anthem in cinema iii Executive & Judiciary: - President appoints appointment of judges. - Administration & Other tribunals constituted by executive (Art.323) - Judges exercise executive power over judicial subject staff Here, in India, all three branch keep effective check & balance over each other to uphold a healthy democracy. - any surplus over 75 years.
Conclusion
Here, in India, all three branch keep effective check & balance over each other to uphold a healthy democracy - any surplus over 75 years.
25 words
LAKSHAY AGGARWAL
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Separation of Powers
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analytical
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