Q. Explain the constitutional framework of separation of powers between the executive, legislature and judiciary in India. Do recent Examples indicate a weakening of this doctrine? Substantiate (15 marks, 250 words)

Answer:

Approach:

  • Introduction: Outline the importance of the separation of powers as a fundamental principle in democratic governance.
  • Body: 
    • Discuss the constitutional framework in India, detailing the roles and functions of the legislature, executive, and judiciary.
    • Examine recent challenges to the doctrine, such as the Jan Vishwas Act, 2022, and instances of judicial overreach, providing specific examples.
  • Conclusion: Conclude by reflecting on the necessity of maintaining a balance among the three branches of government.

 

Introduction:

The doctrine of separation of powers, a cornerstone of democratic governance, is crucial for the efficient functioning and autonomy of the three primary branches of government: the executive, legislature, and judiciary. This separation ensures a system of checks and balances, whereby each branch has distinct and independent roles, preventing the concentration of power and safeguarding democracy. 

Body:

Constitutional Framework in India

In India, the separation of powers is not absolute but functional and is designed to operate within a system of checks and balances. The Indian Constitution does not explicitly mention the separation of powers but embodies it implicitly.

  • Legislature: The primary function of the legislature, which includes the Parliament and State Legislatures, is law-making. This body plays a fundamental role, as it lays the groundwork for the executive and judiciary to operate​​.
  • Executive: The executive, encompassing the President, Prime Minister, Chief Ministers, and Council of Ministers, is tasked with enforcing laws and administering the country. This branch ensures the implementation of legislative decisions and policies​​.
  • Judiciary: The judiciary interprets laws, resolves disputes, and protects the rights of citizens. It includes the Supreme Court, High Courts, and subordinate courts. The judiciary acts as the guardian of the Constitution and ensures that laws align with constitutional principles​​.

The Constitution provides a delicate balance between these branches. For example, the judiciary has the power of judicial review over executive and legislative actions, and the executive is involved in the appointment of judges​​. Additionally, the legislature can enact laws, but these are subject to judicial review if they contravene constitutional provisions​​.

Recent Challenges to the Doctrine in India

Recent developments have raised questions about the weakening of the separation of powers doctrine in India.

  • Jan Vishwas Act, 2022: This Act transfers the authority to impose penalties from the judiciary to the bureaucracy, which is a concern as it enables bureaucrats to act as both prosecutors and judges, potentially violating the separation of powers principle​​​​.
  • Judicial Overreach: Instances of judicial overreach, where the judiciary is perceived to assume legislative functions, have been noted. Examples include the Supreme Court’s rulings on playing the National Anthem in cinemas, censoring films, regulating liquor sales near highways, cancelling telecom licenses in the 2G case, and intervening in the functioning of the Board of Control for Cricket in India (BCCI)​​.

Conclusion:

While India’s constitutional framework lays a foundation for the separation of powers, recent instances indicate a potential blurring of these boundaries. The Jan Vishwas Act, 2022, and various cases of judicial overreach demonstrate challenges to the doctrine, highlighting the need for continuous vigilance and reevaluation to maintain the balance of power among the branches of government. The evolving dynamics between the executive, legislature, and judiciary underscore the complexity of applying this doctrine in a vibrant and diverse democracy like India.

 

To get PDF version, Please click on "Print PDF" button.

Need help preparing for UPSC or State PSCs?

Connect with our experts to get free counselling & start preparing

Know about Physics Wallah

Physics Wallah is an Indian online education platform, that provides accessible & comprehensive learning experiences to students of classes 6 to 12 and those preparing for JEE and NEET exams. We also provide extensive NCERT solutions, sample papers, NEET, JEE Mains, BITSAT previous year papers, which makes us a one-stop solution for all resources. Physics Wallah also caters to over 3.5 million registered students and over 78 lakh+ Youtube subscribers with 4.8 rating on its app.

We Stand Out because

We successfully provide students with intensive courses by India's qualified & experienced faculties. PW strives to make the learning experience comprehensive and accessible for students of all sections of society. We believe in empowering every single student who couldn't dream of a good career in engineering and medical field earlier.

Our Key Focus Areas

Physics Wallah’s main focus is to create accessible learning experiences for students all over India. With courses like Lakshya, Udaan, Arjuna & many others, we have been able to provide a ready solution for lakhs of aspirants. From providing Chemistry, Maths, Physics formulae to giving e-books of eminent authors, PW aims to provide reliable solutions for student prep.

What Makes Us Different

Physics Wallah strives to develop a comprehensive pedagogical structure for students, where they get a state-of-the-art learning experience with study material and resources. Apart from catering students preparing for JEE Mains and NEET, PW also provides study material for each state board like Uttar Pradesh, Bihar, and others.

Aiming for UPSC?

Download Our App

# #
Quick Revise Now !
AVAILABLE FOR DOWNLOAD SOON
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध
Quick Revise Now !
UDAAN PRELIMS WALLAH
Comprehensive coverage with a concise format
Integration of PYQ within the booklet
Designed as per recent trends of Prelims questions
हिंदी में भी उपलब्ध

<div class="new-fform">






    </div>

    Subscribe our Newsletter
    Sign up now for our exclusive newsletter and be the first to know about our latest Initiatives, Quality Content, and much more.
    *Promise! We won't spam you.
    Yes! I want to Subscribe.