Separation of Powers is a constitutional law doctrine. It separates the Indian governmental structure into three specific branches with their powers. The Executive, The Legislative, and The Judiciary are the main pillars of this doctrine. India’s Separation of Power model is both rigid and weak at the same time. The rigidity came from the USA model and the weak model is followed by the Westminister model. Separation of Powers in the Indian Constitution is not strict but at the same time, it is principle in nature and practicible. For this particular reason, the Indian Constitution is also known as the “rigid-flexible” constitution. Indian constitution is a classic example of the contemporary approach to the equal distribution of powers.
In this article, we are going to discuss the Separation of Powers in the Indian Constitution with all layers, significance, relation, and overlapping of powers between them.
Let us discuss.
Doctrine Of Separation Of Powers In The Indian Constitution
The doctrine of Separation of Powers in the Indian Constitution is the division of the government authorities and their duties into three different branches. The Executive, The Legislative, and The Judiciary are the main pillars and soul of this doctrine. The agenda is to ensure the government bodies do not interchange or overlap the function. But if we see this deeply, we will experience that there is no strict separation of powers in the Indian Constitution and the works of the organs of our governmental bodies overlap. Here are some major facts about the Doctrine Of Separation Of Power In India.
Power Division Implication
The Indian Constitution recognizes The Executive, The Legislative, and The Judiciary bodies. However, the Constitution does not vest different kinds of powers and does not provide any exclusive functions to perform their duties.
Constitution Is Supreme
Like the British Constitution Model, the Parliament of India is not supreme. It is limited by a written text and not sovereign like the Westminister model. It means, our Constitution is Supreme but any legislation under it is void.
No Real Power Separation
Like the Westminister model, we do not have any “real” separation.
Overlapping Function
Indian Constitution, shows the overlapping functions between The Executive, The Legislative, and The Judiciary. Sometimes The Indian Judiciary performs quasi-legislative and executive functions as well.
Separation Of Powers – The Indian Constitution
Indian Constitution is generally divided into three layers. The Executive, The Legislative, and The Judiciary are the main pillars that ensure the government bodies do not interchange or overlap their functions. In the modern context, Bureaucracy plays a major role in implementing different government policies, programs, and much more. So we will discuss it here also.
What Is Legislature?
The legislature of India is generally known as the Parliament. It is a legal authority that makes laws for India. In India, the legislature is a deliberative assembly that has some executive and judicial powers too. The word legislatre came from the Latin word lex which means a legal rule with a distinct nature. Indian Legislature consists of two sections i.e. Union Legislature and State Legislature.
What Is Executive?
The executive is a branch of the government that implements different laws and policies made by the legislature. They are the administrative authority who can also present the bills to the legislature. Indian executive also consists of two sections i.e. Union Executive and State Executive.
What Is Judiciary?
The Judiciary is the system of courts that is another branch of the government. The system interprets the laws, settles disputes, and delivers justice to all citizens. The Judiciary system also known as the “Watchdog of Democracy” safeguards the Indian Constitution as a Guardian. Indian Judiciary consists of three parts i.e. Supreme Court, High Court, and Subordinate Courts.
What Is Bureaucracy?
Bureaucracy is a part of the executive. It is a complex system of various government officials who are not elected but can make decisions about administrative policies. They are the permanent staff of the executive branch who implement the government policies in the country. Some bureaucrats also have the power to draft rules and regulations to directly administer policies to the citizens.
Union Legislature
Union Legislature is the legislative body of India. It is a center of all democratic political parties that is known as the Parliament. India’s Union Legislature is Bicameral in nature. It consists of two houses as mentioned below.
Lok Sabha
- It is the Lower House Of Indian Parliament which have 543 members.
- It was established on 17th April 1952.
- Lok Sabha members are the directly elected members in the General Election by the citizens of India.
Rajya Sabha
- It is the council of states and the “Upper House” of the Parliament.
- It is a permanent body and 1/3 of its members retire in every two years.
- Each member is elected for six years.
- It has a total of 250 members and 12 members are nominated by the President.
Difference Between Lok Sabha And Rajya Sabha
Based on powers we can differentiate the Lok Sabha And Rajya Sabha as mentioned below.
|
They have power to introduce and amend money bills.
|
They can only make recommendations on money bills.
|
|
Can pass a no-confidence motion.
|
Cannot pass a no-confidence motion.
|
|
Power to override the Rajya Sabha in most matters.
|
Do not have the power to override the Lok Sabha.
|
|
Has the power to impeach the President. They can remove judges of the Supreme Court and High Courts.
|
Can initiate the impeachment process against the President, but the actual trial takes place in the Lok Sabha.
|
State Legislature
State Legislature is the law-making structure of the Indian States. The State Legislative Assembly is also known as Vidhan Sabha and the Legislative Council is also known as the Vidhan Parishad.
State Legislative Assembly
- The State Legislative Assembly generally known as the Vidhan Sabha.
- It is the Lower House of the India’s states and union territories.
- The members of the State Legislative Assembly are directly elected by the State Election.
- The Legislative Assembly of a state consists of around 60 and 500 members.
Legislative Council
- It is a permanent committee of the State Legislature.
- It consists of the members of both houses of the legislature.
- The members study the problems of the State and plan the legislative program for the next sessions.
Difference Of State Legislative Assembly and Legislative Council
Based on powers we can differentiate the State Legislative Assembly and Legislative Council as mentioned below.
|
Has the power to vote on money bills.
|
Can only make recommendations on money bills.
|
|
The Chief Minister is a member of the Legislative Assembly by default.
|
Members of Legislative Council may also be appointed as ministers.
|
|
More directly represents local interests.
|
Represents various sections of society.
|
Union Executive
Union Executive is a branch of the Indian Government that is responsible to implement and administer the laws. It consists of so many important posts as mentioned below.
President
The president is the first citizen of India. His/Her main duty is to preserve, protect, and defend the Indian Constitution and the law of India per Article 60.
- He/She appoints the Chief Justice of India.
- He/She appoints the other judges on the recommendation of the Chief Justice of India.
- He/She has the authority to dismiss a judge with a two-thirds vote of the two Houses.
- He/She is the leader and director of the executive team.
Vice – President
Vice-President is a complementary post. When the President is unavailable, Vice-President fulfills the role of the President. He/She also helps the President to act as a formal leader of India.
Prime Minister
The prime minister is the leader of the leading government. Here are the major roles and responsibilities of the Prime Minister as mentioned below.
- He/She chooses the ministers of the government.
- He/She leads the Cabinet.
- He/She chairs meetings regarding the policies and bills.
- He/She distributes different portfolios among the Council of Ministers.
- He/She recommends for the Chief Justice, judges of the Supreme Court, and state Governors.
- He/She is the chief spokesperson and defender of the constitution.
Council Of Ministers
The Council of Ministers is the primary executive body of Indian Government. Prime Minister lead the council and made up of the heads of each executive government ministry. The Council of Ministers responsibilities as mentioned below:
- The Council is responsible to the Lok Sabha. If a Ministry loses the confidence of the Lok Sabha, it must resign.
- Council of Ministers responsibility ensures that the government acts as one entity and is accountable to the parliament.
- Council of Ministers can advising the President on the exercise of his functions and they making decisions for the executive branch.
State Executive
State Executive is a part of the government that executes the law in the State levels. It consists of so many important posts as mentioned below.
Governor
The governor is the central government elected person and constitutional head of a state. They have similar powers and functions as the president of India at the central level. The Central Government selects the governor for each state.
- He/She serves as the state’s chief executive officer.
- He/She oversees the executive branch of government.
- Governor is the constitutional head of the CoM of a State.
- He/She can granting pardons, reprieves, respites, or remissions of punishment.
- He/She can appoint the Advocate General for the State.
Chief Minister
A chief minister is the elected head of government for each state and sometimes a union territory. The chief minister is the leader of the ruling party and is elected from the party that wins the majority in the general election.
- He/She communicates with the Governor about all decisions made by the CoM.
- He/She is the link between the Governor and the Cabinet.
- He/She recommends the name of leaders to the Governor who can be appointed as ministers.
- He/She designates the portfolios of the ministers.
- He/She nominates other ministers in the Council of Ministers.
- He/She has the power to dismiss any minister from the Council of Ministers.
- He/She selects the chief secretary.
Council Of Ministers
The Council of Ministers is the primary executive body of Indian Government. Chief Minister lead the council and made up of the heads of each ministry. The Council of Ministers responsibilities as mentioned below:
- The CoM also helps the Governor with his duties.
- The CoM members have collective responsibility for their decisions. They are jointly responsible to the legislative assembly for their actions.
- The CoM members also have individual responsibility.
Judiciary
The Judiciary system also known as the “Watchdog of Democracy” safeguards the Indian Constitution as a Guardian. Indian Judiciary consists of three parts i.e. Supreme Court, High Court, and Subordinate Courts.
Supreme Court
The Supreme Court is the highest judicial tribunal in a nation or state. It has the ultimate judicial authority that interprets the Constitution and decide questions of national law. The Supreme Court is also vested with the power of judicial review to ensure the application of the rule of law.
High Court
High courts are the highest courts in the state level. It is second only to the Supreme Court in the hierarchy of courts in India. India has 25 High Courts till now. Three of these high courts have jurisdiction over more than one state.
Subordinate Court
A subordinate court is a lower court in India. They operates under the state high court. They are also known as lower courts. Subordinate courts are crucial in delivering justice at the grassroots level.
Overlapping Powers Of Legislative And Judiciary
The interaction between legislative and judicial powers is crucial to balance the democracy. Through judicial review, courts can nullify unconstitutional legislation, serving as a vital check on the legislative branch. Courts also interpret laws and ensure proper application. The shared oversight in regulating contempt powers and legislative responses to court decisions highlight collaborative aspects. Legislative impeachment powers and involvement in judicial appointments underscore the system of checks and balances, emphasizing the interconnected relationship between these branches in a democratic framework.
Checks and Balances
Checks and balances are important to run a democratic governance. It is essential for preventing the concentration of power and safeguarding against potential abuses. In a system with checks and balances, each branch of executive, legislative, and judicial holds specific powers that serve as a check on the others.
Checks On Judiciary
The judges of the Supreme Court and High Courts are appointed by the executives. They may be removed from their office if they are impreached by the Parliament. This helps the judiciary to function fearlessly.
Checks On Executive
The executives are responsible to the parliament only. The President appoints the leader if the House adopts a motion expressing no confidence. Checks on the executive include legislative oversight through impeachment powers. These mechanisms prevent the abuse of executive authority in a democratic system.
Checks By Judiciary On Legislature and Executive
The judiciary checks the legislature and executive through judicial review. It determines the constitutional position of laws and executive actions. Additionally, the judiciary may interpret laws. It also ensures they align with constitutional principles, thereby serving as a crucial check on both branches.
Read More:
Constitution of India
Parts of the Indian Constitution
Salient Features of Indian Constitution
FAQs on Separation of Powers in the Indian Constitution
Which articles of Indian Constitution related to separation of powers?
Article 50 of Indian Constitution related to separation of powers. It says that states shall take steps to separate the Judiciary from the executive.
Which act introduced separation of powers in India?
There is no certain act. Article 50 of Indian Constitution related to separation of powers.
What is the basic concept of separation of power in the Constitution?
Separation of Powers is a constitutional law doctrine. It separates the Indian governmental structure into three specific branches with their powers. The Executive, The Legislative, and The Judiciary are the main pillars of this doctrine.
In which part of the Constitution the separation of powers is listed?
Article 50 of Indian Constitution related to separation of powers. It says that states shall take steps to separate the Judiciary from the executive.
Who gave the theory of separation of power?
Montesquieu’s Strict Doctrine is a theory that states every government should have three types of powers i.e. The Executive, The Legislative, and The Judiciary. This division is important to remove the abuse of powers by the respective authorities. This theory is known as the Tripartite System also.
Share your thoughts in the comments
Please Login to comment...