Q1. Do you think that the constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? 

Model Answer:

Introduction

The principle of separation of powers is a foundational concept in democratic governance, advocating that the powers of government should be divided among different branches to prevent any single branch from accumulating too much power. Typically, this involves a strict division where the executive, legislative, and judicial branches operate independently from one another. 

Body

The Constitution of India does not adhere strictly to the principle of separation of powers but rather follows a system of checks and balances. 

This is evident from various constitutional provisions:

• Article 50 mandates the separation of the judiciary from the executive to ensure judicial independence.
• Articles 122 and 212 ensure that the validity of proceedings in Parliament and State Legislatures cannot be questioned in any court.
• Articles 121 and 211 prevent discussion of the conduct of Supreme Court and High Court judges in Parliament and State Legislatures.
• Articles 53 and 154 vest executive powers in the President and Governors, granting them immunity from civil and criminal liability.
• Article 361 provides that the President and Governors are not answerable to any court for their official actions.

While these provisions suggest a functional separation of powers, the Indian Constitution does not establish a rigid separation. Instead, it emphasizes checks and balances, reflecting a more integrated approach to governance.

In India’s parliamentary system, the executive is part of the legislature, accountable to it, and derives its authority from it. This interconnectedness ensures that each branch of government has mechanisms to check and balance the others. For instance, the judiciary has the power to invalidate unconstitutional amendments by the legislature, highlighting the checks and balances inherent in the system.

Conclusion

The doctrine of separation of powers in India is thus more about the separation of functions rather than a strict separation of powers. The close coordination among the principal organs of government is necessary for the effective functioning of the parliamentary system, even if it dilutes the traditional separation of powers doctrine. The landmark Supreme Court judgment in the Ram Jawaya Case underscores this understanding, reflecting a blend of separation and integration tailored to the Indian context.

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