Separation Of Power Flashcards
Q. Write in an introduction for the topic “ separation of powers” .
Ans : The concept of separation of powers given by Montesquieu divides the government into three branches : legislature ( law-making), executive ( law-enforcing), and judiciary ( law-interpreting). This division aims to prevent concentration of power and ensure checks and balances .
Q. What is the importance of separation of power in India ?
Ans : 1. Protection of Citizen Rights : Judiciary being the final interpreter of the constitution, protect the rights and liberty of citizens.
eg. right to privacy as fundamental right ( KS Puttaswamy case)
2. Prevents abuse of power : prevents the rise of dictatorship or anarchy and promotes constitutional supremacy.
3. Ensure judicial independence
4. Functional specialization : ensuring efficiency in the government.
5. Minimizes conflict among the government.
Q. Which articles in the Indian constitution indicate towards the separation of powers?
Ans : 1. A-50 ( DPSP which directs state to separate the judiciary from the executive).
2. A-361 ( protection of President and Governors).
3. A-105 and 194 (powers and privileges/ state legislature and members).
4. A-122 and 212 ( prohibits courts to inquire into the proceedings of parliament/state legislatures)
Q. Which articles from the Indian constitution show the overlap of the powers and responsibilities between all the 3 organs of the state ?
Ans : 1. A-13 (judicial review)
2. A- 32 and 226 (Right to constitutional remedies)
3. A-142 ( extraordinary power to the SC to do complete justice)
Q. What are some issues in separation of power in India ?
Ans : 1. Deadlocks between the executive and the judiciary .
Eg. Judiciary stuck down NJAC in 2015.
2. Challenges in division of functions: Overlap in their functions and powers .
3. Leads to encroachment of other organ.
Q. What are some judicial pronouncements in separation of powers ?
Ans : 1. Ram Jawaya Kapoor case : Indian constitution has not indeed recognised the doctrine of SOP in its absolute rigidity but the functions of the different parts or branches of the government have been sufficiently differentiated.
2. Golak nath case : 3 organs of the govt are expected to excercise their functions within their limits and keeping in mind certain encroachments assigned by the constitution.
3. Kartar Singh case : It is the function of the legislature to make the law, the executive to implement the law and the judiciary to interpret the law within the limits set down by the constitution.
Q. What are some way forwards for separation of powers?
Ans : 1. Promote proper checks and balances .
2. Timelines : In mahanadi coalfields pvt ltd case 2021, SC stated that recommendations by the collegium must be cleared by the centre within 3-4 weeks to avoid any deadlock.
3. Promoting constitutional supremacy.
