Question Q.1DiscussGS2GS2
The Indian Constitution does not embody a strict separation of powers rather it introduces a system of checks and balances, with overlapping powers and interdependencies among the legislature, executive and judiciary. Discuss.
Main Body
The Indian Constitution unlike that of US, has a flexible separation of powers to ensure check & balance between organs. Overlapping of functions 1. Legislature encroaching into 1.1 ExecutiveBy keeping a check through vote of no confidence, question hour, adjournment motion. 1.2 JudiciaryImpeachment of CJI, SC judges, President, veto PresidentAnti-defection law judgments by speaker. 2. Executive 2.1 Legislaturethrough Vellayanna guidelines, and guideline on cash publication. 2.2 ExecutiveQuasi judicial bodies like tribunals. 3. Executive 3.1 Legislaturethrough ordinances, delegated legislation, Tags [Titles]. 3.2 JudiciaryMagistrates in tribunals [CAT, SAT].
Hence, India's separation of power resounds stability will ensure check on powers through constitution-alism. Recent instances of trust erosion 1. Voice vote taken on important issues.recently in RS, dispute demands for seller votevoice vote was used for farm bill. 2. Suspension of 700 MPs from parliament sessionundermines dignity & quality of debate. 3. Time given to opposition MPs was wanting.
166 words1 paragraphs
Conclusion
However, following steps can help achieve balance: 1. Fellow UK's model of rules speaker, always a scale to ensure impartiality. 2. Election of deputy speaker need to take place at earliest. 3. Legislation of parliamentary privileges for alleged exclusion of speaker. Hence, with 2026 as year of delimitation, the importance of role of speaker unversals & newer reforms are needed.
60 words
Topper
Ria Kaur Sethi
AIR 892024
Subject & Paper
GS2GS2
Topic
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
Constitutional structure of checks and balances
Writing Stats
226
Total words
1
Paragraphs
analytical
Tone