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 Keshavananda Bharti vs UOI, 1973 held Separation of Powers SOP as a part of Basic Structure. However India's model of SOP is not the replica of Montesquieu's conception of SOP. Unique character of SOP in India: 1) Parliamentary form of government: Article 50, Article 12-21, 21, Article 122, 212 - Constitutional powers. Invert uneven executive to drawn from legislature itself. 2) Delegated Legislation: Allowance overlapping functions between legislature and executive. 3) Concept of Basic structure: restraints the power of legislature (checks & balances). 4) Removal of Judges (Article 124) by legislature: Allowances checks on judiciary by legislature. 5) Article 85: Summoning of legislature by council of minister through President. 6) (Article 105, 194): Parliamentary privileges: showcase overlapping judicial powers. 7) (Article 123 & 2nd): Reservation of bills by the President & governor, respectively, highlight checks over legislature. However, at multiple instances, delegation of power is enforced as strict separation. 8) (Article 129, 215): Contempt of court. Conduct of judges can't be discussed in legislature. Hence India's model of SOP is based on its unique historical experiences and preference of mutual cooperation between different wings of state over strict separation.
Conclusion
Hence, India's model of SOP is based on its unique historical experiences and preference of mutual cooperation between different wings of state over strict separation.
25 words
Wasim Ur Rahman
Separation of Powers and Dispute Redressal Mechanisms
Separation of Powers
System of Checks and Balances
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