Separation of powers in indian constitution. Critical analysis of separation of power 2022-10-13
Separation of powers in indian constitution
A setting analysis essay is a type of literary analysis that focuses on the physical setting of the story and its relationship to the plot and characters. In this essay, you will examine how the setting of a story affects the events and characters within it, and how it helps to create the overall mood or theme of the story.
To write a setting analysis essay, you will need to do the following:
Choose a story or novel that has a distinct and well-developed setting.
Read the story carefully and take notes on the setting. Pay attention to details such as the time period, geographical location, social context, and physical environment.
Consider the role of the setting in the story. How does it contribute to the plot and character development? How does it create mood or atmosphere?
Analyze the symbols and themes present in the setting. Look for patterns and connections between the setting and the events of the story.
Write an introduction to your essay that provides background information on the story and its setting.
In the body of your essay, discuss the main features of the setting and how they relate to the plot and characters. Use specific examples from the story to support your points.
Conclude your essay by summarizing your main points and explaining the overall significance of the setting in the story.
When writing your setting analysis essay, it is important to remember to focus on the specific details of the setting and how they relate to the broader themes of the story. Avoid generalizations and use concrete examples to support your points. Finally, make sure to proofread your essay carefully to ensure that it is well-written and free of errors.
Seperation of Power under Indian Constitution
Separation of Powers in the Indian Constitution - Relationship between Executive, Legislature and Judiciary The three branches of the government are the executive, the legislature and the judiciary. It specifically prohibits the inclusion of individuals in more than one institution. It is responsible for implementing and carrying out or enforcing the will or wish of the state that is enacted by the constituent assembly and the legislature. The new law or the amended law can be challenged on other grounds but not on the ground that it seeks to in effectuate or circumvent the decision of the court. The Parliament has the authority to initiate impeachment proceedings against the President and exercises a check on his activities Article 61.
Separation of Powers under Indian Constitution
Â The judiciary through the collegiums system has also been accused of infringing on powers of other branches. This indicates that each branch is stick to its mandates only. Article 50: This article puts an obligation over the State to separate the judiciary from the executive. In the central government, there are the Lok Sabha and the Rajya Sabha. Furthermore, the view of Mukherjea J. Further, Articles 105 and 194 confer judicial immunity to the MPs and MLAs from anything spoken during their sessions. Three organs of separation of power As we know the power is divided into three organs.
Separation Of Power And Indian Constitution
Cardozo, the concept of separation of powers should be applied flexibly and in consonance with the practical needs of the government. By giving such powers, a mechanism for the control over the exercise of constitutional powers by the respective organs is established. Also, delegating different federal responsibilities to multiple branches of government helps prevent a single branch of government from becoming overwhelmed with administration. In common sense, we can say that the executive includes the head of the minister, advisor, departmental head, and his ministers. The powers are separated but still, these threes organs work together parallel to each other to ensure that the government is protected and maintained. The contrasting duality of these two categories of powers also portrays the duality of this version, with the essential powers corresponding to the pure form of the doctrine and the incidental powers deviating from it to exhibit the principle of checks and balances.
Separation of Powers in Constitution of India
Autonomy and independence As regards the independence and autonomy of these organs, the Constitution does seem to fulfill them to a certain extent. A concept similar to this was followed in the Ancient Roman Republic. But, even after distinguishing the functions, when an authority wields public power, then providing absolute and sole discretion to the body in the matters regarding its sphere of influence may also cause abuse of such power. These were some instances of the executive head becoming the repository of legislative functioning. The legislative corresponds to the making of laws, rules and regulations and their amendment. Ram Jawaya Kapoor V State of Punjab The court held that the Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of the government have been sufficiently differentiated and consequently it can be very well said that our Constitution does not contemplate assumption by one organ or part of the state of functions that essentially belong to another.
Doctrine of separation of powers in India
The Legislative branch is associated with the making of laws. It will not be wrong to say that Enacting a law indicates the wish of the State and it also functions as the wain to the autonomy of the State. For example, Articles 122 and 212 of the Constitution avert the Courts from inquiring into the proceedings of the Parliament and State legislatures respectively. Thus, though it is important that power shouldn't get concentrated in one hand, a system of checks and balances must be maintained for a smooth functioning. His theory of separation of powers was inspired by his observations of the English system which had by then acquired a higher degree of distinction between its three branches.
Separation of Powers Between the Organs of the Government in India
The laws that are given by the Supreme Court is the binding law which is accepted everywhere, even by the state governments. Indian state represents a contemporary approach in constitutionalising the doctrine of separation of powers. He was of the opinion that it is not the machinery of government or political institutions which make the people free. If that happens then the other two organs will take action. It is considered that if this principle is not followed properly then there will be more chances of misuse of power and this will result in an increase in corruption. The doctrine, however, saw its detailed expansion in the hands of Charles Louis de Second at otherwise known as Baron de Montesquieu.
Doctrine of Separation of Power : Important Notes for UPSC Exam!
In most democratic countries, it is accepted that the three main branches of government are the legislature, the executive, and the judiciary. The Supreme Court is also responsible for protecting the rights of the citizens. Moreover, Congress also exercises judicial function by having the authority to establish inferior federal courts Article 3, Section 1. However, since Article is a Directive Principle of State Policy DPSP it cannot be enforced in a court of law and has mere persuasive value. The judiciary is said to be the guardian of the constitution. Legislature Versus Judiciary In India, there exists tug of war between the Judiciary and Legislature on certain issues.
Separation of Power in the Indian Constitution
Now the question arises from where the concept of separation of power originates? Conclusion In India, we follow the principle of separation of functions and not of powers. The work of the judiciary is to mainly provide justice to the aggrevied parties and to also maintain law and order. Apart from difficulties inherent in the enforcement of the strict doctrine of separation of powers in the functioning of the modern government, there is also an inherent difficulty in defining, in workable terms, the division of powers into executive, legislative and judicial. What is the Relationship of Checks and Balances between the Executive and Judiciary? Saraf, Limit of Judges Domain: Some Policy Considerations , 30 1 J. President of India 1981 case. In this way it ensures that the organs function within their constitutional limits and safeguards the rights of the citizens against arbitrary action. The Constitution guarantees that the discretionary power bestowed on any one organ is within the democratic principle.
Separation of Powers
If there has been any violation of laws the judiciary has the power to rectify the problem by taking appropriate measures. If they are separated in a water-tight manner then it will be impossible to maintain this efficiency. Similarly at the level of states, the Governor acts as executive and there exists legislative body at each state. Some of these instances of checks and balances are legislative review of the functioning of the executive by deliberations and discussion in the Parliament; executive appointment of judges President appoints them ; The President can set aside a law passed by the legislative or any guidance provided by the Union Council of Ministers when the same is not in alignment with the Constitution of India. The power of judicial review of the judiciary is very vast. At the same time, there are also instances of the legislature reversing the outcome of some of the judgments. Basu Constitutional Position Separation of Powers The Constitution of India embraces the idea of separation of powers in an implied manner.