Doctinr of separation of powers under indian constitution
Answers
In India, separation of functions is followed and not of powers and hence, the principle is not abided in its rigidity. In India, strict separation of powers is not followed as it is followed in the U.S. But a system of checks and balance has been embedded so much so that the courts are competent to strike down the unconstitutional amendments made by the legislature. The constitution makers have also meticulously defined the functions of various organs of the state. Legislative and executive, which acts the two facets of people’s will have all the powers including that of finance.
There exists clear division between the head of the state and the head of the government. The executive is president; the legislature is Parliament (Lok Sabha and Rajya Sabha) and the judiciary contains Supreme Court, High Courts and other lower courts. Similarly at the level of states, the Governor acts as executive and there exists legislative body at each state.
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The doctrine of separation of powers is a part of the basic structure of the Indian Constitution even though it is not specifically mentioned in it. Hence, no law and amendment can be passed violating it. The system of checks and balances is essential for the proper functioning of three organs of the government. Different organs of the state impose checks and balances on the other. The following examples illustrate the checks and balances:
→Judiciary exercises judicial review over legislative and executive actions. Judiciary has the power to void laws passed by the Parliament. Similarly, it can declare the unconstitutional executive actions as void.
→Legislatures review the functioning of the executive.
→Executive appoints the judges.
Legislative branch removes the judges. It can also alter the basis of the judgment while adhering to the constitutional limitation.
→Checks and balances acts in such a way that no organ of the state becomes too powerful.
The constitution of India makes sure that the discretionary power bestowed upon any organ of the state does not breach the principles of democracy. For instance, the legislature can impeach judges but as per the condition i.e. two third majority.
Hope it will help you.
doctrine of separation of powers is a part of the basic structure of the Indian Constitution even though it is not specifically mentioned in it. Hence, no law and amendment can be passed violating it. ... Judiciary has the power to void laws passed by the Parliament.