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 Ramakumar Jawaliy Case specified that India does not follow a strict separation of powers. Indian Constitution - a cyclic system of checks and balances i Judiciary and Executive: - Executive can appoint judicial judges as per the third code judgeship (Art 124) - Judiciary can maintain executive dynamics by declaring ordinances null and void (Art 123) ii Judiciary and Legislature: - Legislature Parliament can impeach judicial judges in case of violation of constitution (both High Court and Supreme Court judges) - However, independence maintained through Art 121 (bar on discussing judici behaviour) and Art 122 (except Parliament procedure) iii Executive and Legislature: - Executive (Council of Ministers) responsible to legislature collectively under Art 75 - Legislature constitutes council of ministers, bills can belong to lok Sabha, Rajya Sabha - Executive can advise President to dissolve legislature, while Lok Sabha can pass no-confidence motion Hence, a balanced system of checks, dependence and interdependencies maintain the balance.
Conclusion
Hence, a balanced system of checks, dependence and interdependencies maintain the balance.
12 words
MUDITA BANSAL
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
System of Checks and Balances in Indian Constitution
170
Total words
1
Paragraphs
Academic and analytical
Tone