SEPARATION OF POWERS IN INDIA EPUB!
In India, separation of functions is followed and not of powers and hence, the principle is not abided in its rigidity. In India, strict separation of. Indian state represents a contemporary approach in constitutionalising the doctrine of separation of powers. Essentially, there is no strict separation of powers. Indian Constitution And Separation Of Powers. The three organs of the government which we know as the executive, the judiciary and legislature represent the.
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Essentially, there is no strict separation of powers under constitution, both in principle and practice. In India, there are three distinct activities in the Government through which the will of the people are expressed.
Doctrine of Separation of Powers
The legislative organ of the state makes laws, the executive forces them and the judiciary applies them to the specific cases arising out of the breach of law.
Each organ while performing its activities tends to interfere in the sphere of working of another functionary because a strict demarcation of functions is not possible in their dealings with the general public.
Thus, even when acting in ambit of their own power, overlapping functions tend to appear separation of powers in india these organs.
The question which is important here is that what should be the relation among these three organs of the state, i. Basu Constitutional Position Separation of Powers The Constitution of India embraces the idea of separation of powers in an implied manner.
Despite there being no express provision recognizing the doctrine of separation of powers in its absolute form, the Constitution does make the provisions for a reasonable separation of functions and powers between the three organs of Government.
Separation of Power in India & USA
By looking into the various provisions of the Constitution, it is evident that the Constitution intends that the powers of legislation shall be exercised exclusively by the legislature.
Similarly, the judicial powers can be said to vest with the judiciary. The judiciary is independent in its field and there can be no interference with its judicial functions either by the Executive or by the Legislature. Hence, no law and amendment can be passed separation of powers in india it.
The system of checks and balances is essential for the proper functioning of three organs of the government. Different organs of the state impose checks and balances on the other.
Separation of Powers in Constitution of India
The following examples illustrate the checks and balances: Judiciary exercises judicial review over legislative and executive actions. Judiciary has the power to void laws passed by the Parliament.
Similarly, it can declare the unconstitutional executive actions as void.
Legislatures review the functioning of the executive. Executive appoints the judges. Legislative branch removes the judges. It can also alter the basis of the judgment while adhering to the constitutional separation of powers in india. Checks and balances acts in such a way that no organ of the state becomes too powerful.
The constitution of India makes sure that the discretionary power bestowed upon any organ of the state does not breach the principles of democracy.
For instance, the legislature can impeach judges but as per the condition i. Locke distinguished between what he called: Montesquieu, a French scholar, found that concentration of power in one person or a group of persons results in tyranny.
And therefore for decentralization of power to check arbitrariness, he felt the need for vesting the governmental power in three different organs, the legislature, the executive, and the judiciary. The principle implies that each separation of powers in india should be independent of the other and that no organ should perform functions that belong to the other.
In France, it resulted in the rejection of the power of courts to review the acts of the separation of powers in india or the executive. The doctrine was never accepted in its strict sense in England. A and India it will be further dealt in brief.
It has been accepted and strictly adopted in U. Article I; Section 1 vests all legislative powers in the Congress.