State Executive

State Executive is a part of the government that executes the law in the State levels. It consists of so many important posts as mentioned below.

Governor

The governor is the central government elected person and constitutional head of a state. They have similar powers and functions as the president of India at the central level. The Central Government selects the governor for each state.

  • He/She serves as the state’s chief executive officer.
  • He/She oversees the executive branch of government.
  • Governor is the constitutional head of the CoM of a State.
  • He/She can granting pardons, reprieves, respites, or remissions of punishment.
  • He/She can appoint the Advocate General for the State.

Chief Minister

A chief minister is the elected head of government for each state and sometimes a union territory. The chief minister is the leader of the ruling party and is elected from the party that wins the majority in the general election.

  • He/She communicates with the Governor about all decisions made by the CoM.
  • He/She is the link between the Governor and the Cabinet.
  • He/She recommends the name of leaders to the Governor who can be appointed as ministers.
  • He/She designates the portfolios of the ministers.
  • He/She nominates other ministers in the Council of Ministers.
  • He/She has the power to dismiss any minister from the Council of Ministers.
  • He/She selects the chief secretary.

Council Of Ministers

The Council of Ministers is the primary executive body of Indian Government. Chief Minister lead the council and made up of the heads of each ministry. The Council of Ministers responsibilities as mentioned below:

  • The CoM also helps the Governor with his duties.
  • The CoM members have collective responsibility for their decisions. They are jointly responsible to the legislative assembly for their actions.
  • The CoM members also have individual responsibility.

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.

Let us discuss.

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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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....

Separation Of Powers – The Indian Constitution

Indian Constitution is generally divided into three layers. The Executive, The Legislative, and The Judiciary are the main pillars that ensure the government bodies do not interchange or overlap their functions. In the modern context, Bureaucracy plays a major role in implementing different government policies, programs, and much more. So we will discuss it here also....

Union Legislature

Union Legislature is the legislative body of India. It is a center of all democratic political parties that is known as the Parliament. India’s Union Legislature is Bicameral in nature. It consists of two houses as mentioned below....

State Legislature

State Legislature is the law-making structure of the Indian States. The State Legislative Assembly is also known as Vidhan Sabha and the Legislative Council is also known as the Vidhan Parishad....

Union Executive

Union Executive is a branch of the Indian Government that is responsible to implement and administer the laws. It consists of so many important posts as mentioned below....

State Executive

State Executive is a part of the government that executes the law in the State levels. It consists of so many important posts as mentioned below....

Judiciary

The Judiciary system also known as the “Watchdog of Democracy” safeguards the Indian Constitution as a Guardian. Indian Judiciary consists of three parts i.e. Supreme Court, High Court, and Subordinate Courts....

Overlapping Powers Of Legislative And Judiciary

The interaction between legislative and judicial powers is crucial to balance the democracy. Through judicial review, courts can nullify unconstitutional legislation, serving as a vital check on the legislative branch. Courts also interpret laws and ensure proper application. The shared oversight in regulating contempt powers and legislative responses to court decisions highlight collaborative aspects. Legislative impeachment powers and involvement in judicial appointments underscore the system of checks and balances, emphasizing the interconnected relationship between these branches in a democratic framework....

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....

FAQs on Separation of Powers in the Indian Constitution

Which articles of Indian Constitution related to separation of powers?...

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