HPAS/Allied Mains 2022 Answer Writing Challenge Day 05: Model Answer

Question: In India, there is a proper system of checks and balances on the powers of the government without absolute separation of power. Elucidate.  (8 Marks, 120 Words)

Answer:

Introduction:

Absolute separation of powers implies strict separation of power, functions and personnel between the three organs of the state i.e., the Executive, Legislature and Judiciary.  The theory of separation of powers is not expressly recognised in the Constitution of India in its absolute form, the Constitution does provide provisions for a fair division of duties and authority among the three branches of government.

Body :

In India, separation of powers has been laid under the following Constitutional provisions:

• Article 50: State shall take steps to separate Judiciary from the Executive in order to ensure independence of the Judiciary.
• Articles 122 and 212: Validity of proceedings of the Parliament and State Legislatures respectively cannot be called into question in any court. (to ensure independence of Legislature)
• According to Articles 121 and 211: Judicial conduct of the judges of the Supreme Court and High Courts respectively cannot be discussed in the Parliament and State Legislatures.

Body :

Indian Constitution institutes a system of checks and balances to prevent arbitrary use of power by one organ. This is reflected through the following:

• Under Article 75, the Council of Ministers is responsible to the Legislature(Lok Sabha).
• The Executive exercises Legislature’s law-making power under delegated legislation and also while passing ordinances under Articles 123 and 213 of the Constitution. This power of Executive must be approved by the Parliament within six weeks of their reassembly.
• The Parliament has the power to enlarge the jurisdiction of the Supreme Court under Article 138 of the Constitution.
• The Judiciary uses the tool of judicial review under Articles 13, 32, 226 etc. of the Constitution to ensure that the laws made by the Parliament and actions taken by the Executive are constitutional.

Conclusion :

Whenever a large power is given in the hand of any administering authority there are higher chances of maladministration, corruption and misuse of power. This doctrine helps prevent the abuse of power.  This doctrine protects the individual from the arbitrary rule.