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 IAS Mains 2019 General Studies Paper – 2)
Indian constitution have meticulously defined powers and functions of the different organs of the state. Legislature, executive and judiciary have to function within their own spheres demarcated under the constitution. Unlike the US constitution, instead of having strict separation of power India follows the principle of ‘checks and balance’ which is evident from the various constitutional provisions dealing with executive, legislative and judicial organs.
- The executive power of the state is exercised by the President, who acts on the advice tendered by the council of ministers headed by the Prime Minister. However, according to article 75, the council of ministers with the responsibility of forming policies and implementing them are the members of the Parliament and responsible to the Lok Sabha.
- Under the constitutional provision, Parliament in India includes the Lok Sabha, the Rajya Sabha and the President. Parliament, the legislative body, has the head of executive as its integral part. Accordingly, the parliament uses different motions like censure motion, no confidence motion, etc., to check the functioning of the council and hold them responsible. Further, the Parliament under article 61, can impeach the President for violation of the Constitution.
- Within the constitutional provision India has an independent judiciary with the Supreme Court at its apex. Provision of judicial review and writ under Article 32 and 226 empowers the Supreme Court and the High Courts respectively to check the constitutional validity of the executive and legislative actions. Independence of the judiciary has been ensured in the constitution but the same has been interlinked with executive and legislative organ of the government. For instance appointment and transfer of judges of High Courts and the Supreme Court is done by the executive. Further, the removal of the judges of the High Courts and Supreme court is done by the Parliament.
- Idea behind the doctrine of separation of powers is to create separate power centers rather than having all power concentrated in a single institution. Though on the whole, the doctrine of separation of power in the strict sense is not possible in modern political system, its value lies in emphasis of checks and balance, which are necessary to prevent abuse of power and uphold the rule of law. All three of them are strong pillars of India which support and strengthen each other. Thus, keeps a check and ensures smooth functioning of the whole system and the nation.
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