Doctrine Of Separation Of Powers In The Indian Constitution
The doctrine of Separation of Powers in the Indian Constitution is the division of the government authorities and their duties into three different branches. The Executive, The Legislative, and The Judiciary are the main pillars and soul of this doctrine. The agenda is to ensure the government bodies do not interchange or overlap the function. But if we see this deeply, we will experience that there is no strict separation of powers in the Indian Constitution and the works of the organs of our governmental bodies overlap. Here are some major facts about the Doctrine Of Separation Of Power In India.
Power Division Implication
The Indian Constitution recognizes The Executive, The Legislative, and The Judiciary bodies. However, the Constitution does not vest different kinds of powers and does not provide any exclusive functions to perform their duties.
Constitution Is Supreme
Like the British Constitution Model, the Parliament of India is not supreme. It is limited by a written text and not sovereign like the Westminister model. It means, our Constitution is Supreme but any legislation under it is void.
No Real Power Separation
Like the Westminister model, we do not have any “real” separation.
Overlapping Function
Indian Constitution, shows the overlapping functions between The Executive, The Legislative, and The Judiciary. Sometimes The Indian Judiciary performs quasi-legislative and executive functions as well.
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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