2- Separation of Power Flashcards
What are the three main organs of government, and what are their primary functions?”
Legislature (law-making), Executive (law enforcement), and Judiciary (dispute resolution).
What is the main idea behind Montesquieu’s theory of Separation of Powers?
Prevent tyranny by dividing powers among distinct government branches; no single body should control all powers.
What did Montesquieu warn about the union of executive and legislative power?
It could lead to despotism, as the executive would influence laws in its favor.
How does the U.S. Constitution incorporate Separation of Powers?”
Articles I, II, and III assign powers to Congress, the President, and the Supreme Court, respectively, with checks and balances.
How is Separation of Powers reflected in the Indian Constitution?”
India practices a separation of functions, not strict powers. Key provisions include Article 50 (judicial independence) and Article 361 (Presidential immunity).
Describe the doctrine of checks and balances.
Each branch limits others’ powers, preventing any one branch from becoming too powerful (e.g., judicial review, Presidential veto).
What role does Article 50 play in Indian Separation of Powers?
It directs the separation of judiciary from the executive but is part of the Directive Principles and therefore non-enforceable.
What was decided in the Delhi Laws Act case (1951) regarding separation of powers?
Separation of powers is not rigid in India; however, legislative powers primarily rest with the legislature.
Explain the significance of Kesavananda Bharati v. State of Kerala regarding separation of powers.
Established separation of powers as part of the ‘basic structure’ doctrine, limiting Parliament’s power to amend the Constitution.
In which ways does the Indian Parliament exercise judicial functions?
In matters like impeachment of the President and deciding breaches of privilege.
What power does the judiciary have over laws passed by Parliament in India?
Judicial review allows courts to declare laws unconstitutional if they violate the Constitution.
How does the executive influence the judiciary in India?
The executive appoints judges, but the judiciary maintains independence through judicial review.
What was the outcome of Indira Gandhi v. Raj Narain regarding the separation of powers?
Parliament cannot perform judicial functions; adjudicating disputes is solely a judicial function.
What is the impact of checks and balances on the Indian government structure?
Ensures no single branch has absolute power; promotes accountability among branches.
Why is strict separation of powers impractical in a modern welfare state?
The state has complex, interdependent roles, necessitating coordination among branches for efficiency.
