Checks and Balances
Checks and balances are important to run a democratic governance. It is essential for preventing the concentration of power and safeguarding against potential abuses. In a system with checks and balances, each branch of executive, legislative, and judicial holds specific powers that serve as a check on the others.
Checks On Judiciary
The judges of the Supreme Court and High Courts are appointed by the executives. They may be removed from their office if they are impreached by the Parliament. This helps the judiciary to function fearlessly.
Checks On Executive
The executives are responsible to the parliament only. The President appoints the leader if the House adopts a motion expressing no confidence. Checks on the executive include legislative oversight through impeachment powers. These mechanisms prevent the abuse of executive authority in a democratic system.
Checks By Judiciary On Legislature and Executive
The judiciary checks the legislature and executive through judicial review. It determines the constitutional position of laws and executive actions. Additionally, the judiciary may interpret laws. It also ensures they align with constitutional principles, thereby serving as a crucial check on both branches.
Separation of Powers in the Indian Constitution: Executive, Legislature and Judiciary
Separation of Powers is a constitutional law doctrine. It separates the Indian governmental structure into three specific branches with their powers. The Executive, The Legislative, and The Judiciary are the main pillars of this doctrine. India’s Separation of Power model is both rigid and weak at the same time. The rigidity came from the USA model and the weak model is followed by the Westminister model. Separation of Powers in the Indian Constitution is not strict but at the same time, it is principle in nature and practicible. For this particular reason, the Indian Constitution is also known as the “rigid-flexible” constitution. Indian constitution is a classic example of the contemporary approach to the equal distribution of powers.
In this article, we are going to discuss the Separation of Powers in the Indian Constitution with all layers, significance, relation, and overlapping of powers between them.
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Table of Content
- Doctrine Of Separation Of Powers In The Indian Constitution
- Separation Of Powers – The Indian Constitution
- Union Legislature
- State Legislature
- Union Executive
- State Executive
- Judiciary
- Overlapping Powers Of Legislative And Judiciary
- Checks and Balances
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