Question

Q1. What makes you say that- answer in detail
a)India is regarded as quasi federal.
b)The 3 organs of Government work as a system of checks and balances.
c)India is a secular country.
d)All citizens of India are protected from arbitrary state actions.
e)India has a parliamentary form of government.

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Answer 1

Answer:

Mentioning the three organs of government briefly explain the meaning of separation of powers.

Highlight some of the Articles in the constitution of India that ascertain the separation of powers between the executive, legislative and judiciary.

Discuss how the functional overlap between each organ of the government undermines the separation of powers.

Substantiate your arguments with examples.

Conclude by summarising your answer and suggesting some measures to overcome these limitations.

Introduction

Separation of powers is the division of the legislative, executive, and judicial functions of government. It minimises the possibility of arbitrary excesses by the government, since the sanction of all three branches is required for the making, executing, and administering of laws.

The constitutional demarcation precludes the concentration of excessive power by any branch of the Government.

Body

Constitutional Provisions Ensuring Separation Of Power

Article 50: State shall take steps to separate the judiciary from the executive.

Article 121 and 211: Judicial conduct of a judge of the Supreme Court and the High Courts’ cannot be discussed in the Parliament and the State Legislature.

Article 122 and 212: Validity of proceedings in Parliament and the Legislatures cannot be called into question in any Court.

Article 361: the President or the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office.

Explanation:

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