Model Answer
0 min readIntroduction
The doctrine of separation of powers, a cornerstone of modern democratic governance, advocates for the division of state power amongst distinct branches – the legislature, executive, and judiciary – to prevent arbitrary rule and safeguard individual liberties. Originating from Montesquieu's "The Spirit of the Laws" (1748), it aimed to avoid the concentration of power witnessed in historical monarchies. While the ideal model envisions a rigid separation, most contemporary democracies, including India, adopt a more flexible approach, acknowledging interdependence and checks and balances. This answer will examine the doctrine and its relevance within the framework of the Indian Constitution.
Understanding the Doctrine of Separation of Powers
The core principle of the doctrine is to prevent tyranny by distributing governmental authority. Historically, this meant dividing power between:
- Legislature: Responsible for making laws.
- Executive: Responsible for implementing and enforcing laws.
- Judiciary: Responsible for interpreting laws and resolving disputes.
Montesquieu emphasized that each branch should have the power to limit the others, creating a system of checks and balances. A strict separation, however, is rarely practiced in its purest form.
Evolution and Adaptation in India
The Indian Constitution doesn't explicitly outline a rigid separation of powers. Article 50 directs the state to strive towards separation of powers, indicating a preference but not a mandate. The Constitution establishes a parliamentary system with a fusion of legislative and executive functions.
Key Features of the Indian System
- Parliamentary System: The executive (Prime Minister and Council of Ministers) is drawn from and accountable to the legislature (Parliament). This inherently blurs the lines between the executive and legislative branches.
- Judicial Review: Article 13 and Article 32 empower the judiciary to review laws passed by the legislature and actions taken by the executive, ensuring constitutional validity. This is a powerful check.
- Cooperative Federalism: Division of powers between the Union and States necessitates cooperation and a degree of overlap, further softening the separation.
Comparison: Ideal vs. Indian Model
| Feature | Ideal Separation of Powers Model | Indian Model |
|---|---|---|
| Legislature-Executive Relationship | Independent; no overlap | Fusion; Executive emerges from Legislature |
| Judicial Power | Strictly limited to interpretation | Judicial Review; power to strike down laws |
| Accountability | Each branch accountable to itself | Executive accountable to Legislature; Judiciary to Constitution |
Relevance in India
Despite the lack of a rigid separation, the doctrine remains vital for India:
- Constitutional Checks: Judicial review acts as a crucial check on legislative and executive actions, preventing overreach. The Kesavananda Bharati v. State of Kerala (1973) case established the “basic structure” doctrine, limiting the power of Parliament to amend the Constitution.
- Accountability and Transparency: The system, despite its fusion, encourages accountability. Parliamentary questions, debates, and judicial scrutiny all contribute to transparency.
- Protection of Fundamental Rights: The judiciary’s role in safeguarding fundamental rights is enhanced by its power of judicial review.
- Preventing Authoritarianism: While not a perfect separation, the principle acts as a safeguard against the concentration of power in any one branch.
However, challenges remain, including concerns about executive dominance and potential judicial overreach. The 42nd Amendment Act (1976), which attempted to curtail judicial review, demonstrated the ongoing tension.
Recent Developments
The Supreme Court's recent pronouncements on issues like electoral bonds and legislative competence highlight the continued relevance and evolving nature of the separation of powers doctrine in India. These rulings reinforce the judiciary's role as an independent arbiter.
Conclusion
The doctrine of separation of powers, while not strictly adhered to in India, remains a vital principle underpinning the constitutional framework. The Indian system’s unique blend of parliamentary governance and judicial review ensures a degree of checks and balances, promoting accountability and safeguarding fundamental rights. Continuous vigilance and a robust understanding of the doctrine are essential to prevent the concentration of power and uphold the democratic ideals enshrined in the Constitution.
Answer Length
This is a comprehensive model answer for learning purposes and may exceed the word limit. In the exam, always adhere to the prescribed word count.