Que. Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain. (150 words, 10 marks)

UPSC CSE : 2019

Answer: 

Approach:

Introduction

  • Briefly explain the principle of separation of powers and introduce the concept of checks and balances.

Body

  • Discuss the Indian Constitution’s stance on separation of powers and provide examples of checks and balances in action. Also, mention relevant examples.

Conclusion

  • Summarize the importance of checks and balances in the Indian constitutional system.

Introduction:

The principle of separation of powers advocates for a clear distinction and independence between the legislative, executive, and judicial branches of the government. Although the Indian Constitution does not explicitly mention this doctrine, it embraces the concept of checks and balances, ensuring that each branch operates within its constitutional limits.

Body:

The system of checks and balances prevents the concentration of power in any single branch and fosters cooperation and coordination among them.

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Some examples of checks and balances in the Indian Constitution include:

Legislative and Executive:

  • The President of India has the power to summon (Article 85), prorogue, and dissolve the Parliament (Article 85(2)(b)).
  • The Parliament can impeach the President for violation of the Constitution (Article 61).

Executive and Judiciary:

  • The executive branch, with the President’s involvement, appoints judges to higher judiciary, including the Supreme Court (Article 124) and High Courts (Article 217).
  • The judiciary can review the executive’s actions through judicial review, as established in landmark cases like Kesavananda Bharati v. State of Kerala (1973) and Minerva Mills v. Union of India (1980).

Legislative and Judiciary:

  • The Parliament can remove judges of the Supreme Court (Article 124(4)) and High Courts (Article 217(1)(b)) through impeachment for proven misbehavior or incapacity.
  • The judiciary can invalidate unconstitutional laws passed by the Parliament, as demonstrated by the power of judicial review, which was affirmed in the Kesavananda Bharati case.

Conclusion:

The Indian Constitution, through its implicit adoption of the checks and balances system, ensures that the three branches of government function harmoniously and within their constitutional limits. This system plays a crucial role in maintaining the balance of power and promoting the efficient functioning of the government.

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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

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