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.
Introduction
The Supreme Court in Kesavananda Bharati recognized separation of powers as a part of basic structure doctrine of India, embodied in Articles 50, 122 & 212 of Constitution.
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Main Body
The Supreme Court in Kesavananda Bharati recognized separation of powers as a part of basic structure doctrine of India, embodied in Articles 50, 122 & 212 of Constitution. No strict separation: - Executive & Council of Ministers is from the legislature only - President is head of legislature & executive both - Ordinance making power of PM President - Speaker's quasi-judicial powers - Chief Justice Kebelo Hollahan case Checks & Balances: (1) Judiciary keeps a check on legislature via judicial review as said in IR Coelho Case in 2007
Diagram
Diagram showing 'No strict separation' with branches connecting to: Executive & Council of Ministers (from legislature), Contempt of court presiding, Speaker's quasi-judicial powers (Kebelo Hollahan case), Judicial lawmaking, and PTIs
PRASTUTI UPADHAYA
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Constitutional Balance and Checks
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Paragraphs
analytical
Tone