Answer

Introduction

The Constitution of India establishes a governance framework where checks and balances among the legislature, executive, and judiciary decisively prevail over strict separation of powers. It ensures institutional accountability through provisions like Article 50 and Article 74, preventing autocratic tendencies.

Body

Indian Constitution Does Not Provide Strict Separation of Powers

• Fusion of Executive and Legislature: The Council of Ministers is collectively responsible to the Lok Sabha under Article 75(3), indicating overlap.
  Eg: Prime Minister and Ministers are members of Parliament.
• Legislative Functions by Executive: Ordinance-making power under Article 123 allows executive to legislate when Parliament is not in session.
  Eg: Re-promulgation controversy in D.C. Wadhwa v. State of Bihar (1987).
• Judicial Functions by Legislature: Parliament can remove judges through impeachment under Articles 124(4) and 217.
  Eg: Proceedings initiated against Justice V. Ramaswami (1993).
• Judicial Review of Legislative Acts: Judiciary can invalidate laws under Articles 13, 32, and 226.
  Eg: Kesavananda Bharati (1973) evolved Basic Structure doctrine.
• Executive’s Role in Judicial Appointments: Under Articles 124 and 217, appointments involve executive participation.
  Eg: Collegium system evolved through Second Judges Case (1993).
• Tribunalisation Blurs Separation: Executive-controlled tribunals exercise quasi-judicial powers.
  Eg: Madras Bar Association (2014) addressed tribunal independence.
  

Constitution Based on Checks and Balances

• Judicial Review as Check on Legislature and Executive: Ensures laws conform to the Constitution.
  Eg: Minerva Mills (1980) struck down amendments violating basic structure.
• Parliamentary Oversight of Executive: Tools such as Question Hour, No-Confidence Motion ensure accountability.
  Eg: 1999 No-Confidence Motion led to fall of Vajpayee Government by one vote.
• President’s Assent as Constitutional Safeguard: Article 111 allows the President to return a Bill for reconsideration.
  Eg: President A.P.J. Abdul Kalam returned Office of Profit Bill (2006).
• Impeachment and Removal Provisions: Legislature can remove President under Article 61 and judges under Article 124(4).
  Eg: Impeachment motion against Justice Dipak Misra (2018) admitted though later withdrawn.
• Judicial Check on Executive Actions: Courts scrutinise executive decisions for arbitrariness under Article 14.
  Eg: Maneka Gandhi (1978) expanded scope of due process.
• Federal Checks: Distribution of legislative powers under Seventh Schedule prevents concentration of authority.
  Eg: GST constitutional amendment required ratification by half of State legislatures.
  

Conclusion

A rigid separation of powers may lead to deadlocks, but checks and balances ensure accountability. Strengthening judicial independence, parliamentary oversight, and executive responsibility will foster a resilient democracy. 

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