Q. Discuss the significance of the separation of powers for India’s democracy. Point out the provisions in the Indian Constitution that embody this principle. (10 Marks, 150 Words) Additional

Answer:

How to approach the question

  • Introduction
    • Write about separation of powers doctrine briefly 
  • Body 
    • Write the significance of separation of powers for India’s democracy 
    • Write the provisions in the Indian Constitution that embody this principle 
  • Conclusion 
    • Give appropriate conclusion in this regard  

 

Introduction  

The doctrine of separation of powers, integral to democratic governance, proposes that the three branches of government – Legislature, Executive, and Judiciary – should operate independently without encroaching upon each other’s functions. This ensures checks and balances, preventing the concentration of power in one entity.

Body  

Significance of Separation of Powers for India’s Democracy

  • Accountability: The Executive remains answerable to the Legislature. This was evident when no-confidence motions were introduced in Parliament against the ruling government, such as in 2018 against the current government, though it was defeated.
  • Checks and Balances: One of the most significant applications of this principle is the President’s veto power over legislative actions. E.g.: the Supreme Court struck down the NJAC Act in 2015, which sought to replace the collegium system of appointing judges. 
  • Stability of the State: With checks and balances, it maintains the stability and equilibrium of the State. The 1975 Emergency serves as a testament, despite the significant curtailment of democratic processes, the system’s inherent resilience ensured the eventual restoration of democratic norms.
  • Upholding Rule of Law: In the Maneka Gandhi vs. Union of India case (1978), the Supreme Court redefined personal liberty under Article 21. It emphasized that any law, even if procedurally correct, must be just, fair, and reasonable, underscoring the commitment to upholding the rule of law.
  • Protection of Rights: As seen in the landmark Kesavananda Bharati case (1973), the Supreme Court underlined that no legislative or executive action could erode the Constitution’s “Basic Structure“, thereby safeguarding Fundamental Rights from possible dilution.
  • Reducing Misuse of Power: The Emergency era (1975-77) witnessed the judiciary’s role in curbing the excesses of power, especially highlighted by the ADM Jabalpur vs. Shivkant Shukla case, where the curtailing of citizens’ rights during the Emergency was addressed.

Provisions in the Indian Constitution Embodying the Principle:

  • Article 50: This article highlights the separation of the Judiciary from the Executive. For example, while the Executive is responsible for law enforcement, only the Judiciary has the power to interpret and deliver judgments, ensuring no overlap of roles.
  • Article 121 & 211: By restricting discussions in Parliament or State Legislatures about the conduct of judges, these articles ensure that verdicts like the landmark Kesavananda Bharati case (1973) remain unaffected by legislative displeasure.
  • Article 122 & 212: These protect legislative procedures from judicial intervention. For instance, courts cannot question the validity of proceedings in the Houses on mere procedural grounds, ensuring legislative autonomy.
  • Article 361: By providing the President and Governors immunity from legal action for official decisions, it ensures that titular heads aren’t embroiled in legal battles. E.g.: when President Fakhruddin Ali Ahmed declared the Emergency in 1975; he couldn’t be taken to court for the decision.
  • Independence of the Judiciary: Judges of the Supreme Court and High Courts have security of tenure and can be removed only through a complex impeachment process (Articles 124 and 218), ensuring their independence. 
  • Doctrine of Judicial Review: Article 13 of Indian Constitution empowers the judiciary to declare certain laws unconstitutional if they are violating the Fundamental Rights. This function of judicial review is a crucial aspect of separation of powers as it allows the judiciary to check the action of other branches. 

Conclusion  

The doctrine of separation of powers, while not strictly adhered to in a rigid sense, forms the backbone of India’s democratic fabric. By ensuring that each branch operates within its designated domain, the Constitution fosters an environment of mutual respect, accountability, and efficiency, crucial for the sustenance and thriving of the world’s largest democracy.

 

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UDAAN PRELIMS WALLAH
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