Doctrine of Separation of Powers - IE - 14/01/23
Recently, Vice-President of India has rekindled the debate over the doctrine of separation of powers by citing the Supreme Court's landmark 1973 Kesavananda Bharati case, which ruled that Parliament has the authority to amend the Constitution but not its basic structure.
->Doctrine of Separation of Powers:
-Separation of powers is the division of the legislative, executive, and judicial functions of government. The constitutional demarcation precludes the concentration of excessive power by any branch of the government. The Indian Constitution lays down the structure and defines and determines the role and functions of every organ of the State and establishes norms for their inter-relationships and checks and balances.
->Instruments of Checks & Balances:
1. Legislature Control:
-On Judiciary: Impeachment and the removal of the judges. Power to amend laws declared ultra vires by the Court and revalidating it.
-On Executive: Through a no-confidence vote it can dissolve the Government. Power to assess works of the executive through the question hour and zero hour.
2. Executive Control:
-On Judiciary: Making appointments to the office of Chief Justice and other judges.
-On Legislature: Powers under delegated legislation. Authority to make rules for regulating their respective procedure and conduct of business subject to the provisions of this Constitution.
3. Judicial Control:
-On Executive: Judicial review i.e., the power to review executive action to determine if it violates the Constitution.
-On Legislature: Unamendability of the constitution under the basic structure doctrine pronounced by the Supreme Court in Kesavananda Bharati Case 1973.
->Issues with the Separation of Powers:
-Weakened Opposition in India
-Judiciary Being Averse to Checks & Balances
For any queries, monthly magazines, reviews, please contact on [email protected]