Separation of Power
To prepare for Indian Polity for any competitive exam, aspirants have to know about the basics of the Constitution of India. It gives an idea of all the topics important for IAS Exam and the polity syllabus (GS-II). Constitution and related topics are extremely important for the UPSC exam. This is an essential portion of the polity. As IAS aspirants, you should be thorough with the constitution of India. This article will provide you with relevant details about the following topics:
SEPARATION OF POWER
SIGNIFICANCE OF THE SEPARATION OF POWER DOCTRINE
EXCEPTIONS TO SEPARATION OF POWER
|SEPARATION OF POWER|
- In India, a separation of functions rather than of powers is followed.
- Unlike in the US, in India, the concept of a separation of powers is not adhered to strictly.
- India follows mixed separation of power model unlike USA.
- System of checks and balances have been put in place in India.
- Article 50:Obligation over the State to separate the judiciary from the executive.
- Article 123:Ordinance making power of President in certain conditions.
- Articles 121 and 211:Legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can do so only in case of impeachment.
|SIGNIFICANCE OF THE SEPARATION OF POWER DOCTRINE|
- Keeps away autocracy -corruption, nepotism, abuse of power.
- Safeguards individual liberty
- Helps create an efficient administration
- Judiciary’s independence is maintained.
- Promotes division of labour, efficiency, specialization.
- Prevents the legislature from enacting arbitrary or unconstitutional laws
|EXCEPTIONS TO SEPARATION OF POWER|
- Setting up independent regulator for sector of economy
- Executive conferred with judicial powers – SDM, DM, Tehsildar
- Parliamentary form of government – Executive are member of legislature.
- Schemes such as MPLAD, LAD etc