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.( UPSC CSE 2019 MAINS, GENERAL STUDIES II )
- The principle of separation of powers was propounded by French political thinker Montesquieu in his book ‘The Spirit of Laws’ as mechanism to save the individual liberty from the arbitrary powers of the government. Generally the Presidential form of governments (like the US) follow the principle of separation of powers. But even in the US, which is the best example of the separation of powers, this principle has been applied with the principle of Check and balance.If the Principe of check and balance is not applied it creates the problem of coordination among the three organs of government and ultimately undermines the unity of government.The gradual expansion of the principle of Judicial Review has led to evolution of the principle of Judicial Supremacy in America.
- Theoretically, the Parliamentary form of governments (UK, Canada, Australia, India) are not based on the principle of separation of power as the Parliament is given more powers in comparison to other other organs of the government. In Britain, the principle of supremacy of Parliament is followed at least in theory.
- But in India, both in theory and practice, the principle of supremacy of constitution is adopted, by which each organ of the government: Legislature, Executive, and Judiciary has its designated powers and position, which has to be adhered to by them.However, we find in India the separation of power along with check and balance maintained by the Constitution:
1.Legislature or Parliament is primarily responsible for law making powers but its powers are not absolute (Like the British parliament) rather they are tempered by limitations of Constitution on the one hand and judicial review on the other.
- The executive(The PM with Council of Ministers) enjoys the executive powers of the government, but its powers are limited by the constitution (responsibility to parliament) and judicial review.
- The judiciary enjoys judicial power as well as judicial independence in India, but they are subject to removal by the government. The appointment of judges in higher judiciary is the joint responsibility of the executive and judiciary (collegium system).
Thus, in India, the separation of powers is not the feature of Parliamentary form of government, but mediated by and arises from the principle of supremacy of the Constitution. The Supremacy of Constitution is maintained through Checks and balances.The Constitutional Supremacy through checks and balances ensures that neither of organs of governance viz. The legislature, Judiciary or Executive doesn’t become authoritative. The fourth pillar, free and vibrant media further acts as a check and balance measure for the three organs of governance.
Next
previous
Latest News
EDITORIALS & ARTICLES
General Studies