Separation of powers in indian constitution. Separation of Power in the Indian Constitution 2022-10-27
Separation of powers in indian constitution Rating:
4,8/10
455
reviews
A setting analysis essay is a type of literary analysis that focuses on the physical setting of the story and its relationship to the plot and characters. In this essay, you will examine how the setting of a story affects the events and characters within it, and how it helps to create the overall mood or theme of the story.
To write a setting analysis essay, you will need to do the following:
Choose a story or novel that has a distinct and well-developed setting.
Read the story carefully and take notes on the setting. Pay attention to details such as the time period, geographical location, social context, and physical environment.
Consider the role of the setting in the story. How does it contribute to the plot and character development? How does it create mood or atmosphere?
Analyze the symbols and themes present in the setting. Look for patterns and connections between the setting and the events of the story.
Write an introduction to your essay that provides background information on the story and its setting.
In the body of your essay, discuss the main features of the setting and how they relate to the plot and characters. Use specific examples from the story to support your points.
Conclude your essay by summarizing your main points and explaining the overall significance of the setting in the story.
When writing your setting analysis essay, it is important to remember to focus on the specific details of the setting and how they relate to the broader themes of the story. Avoid generalizations and use concrete examples to support your points. Finally, make sure to proofread your essay carefully to ensure that it is well-written and free of errors.
Separation of Powers under Indian Constitution
The Supreme Court is empowered to render unconstitutional any act of the executive or legislative. It will guard the society against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for all and allocate each function to the suitable organs of the state for effective discharge of their respective duties. The function of the legislature includes representing, deliberating, legislating, authorizing, expending, and forming governing. Locke described the three powers as being legislative, executive and federative, but did not envision a coequal or independent distribution of functions among them. So, any amendment violating the basic features will be declared unconstitutional.
Among everything making the law is the most important function of the legislature. The Constitution provides for the conferral of executive power on the President. Judicial Overreach The Supreme Court has been accused time and again of pronouncing judgements that are often termed as judicial legislation. The three governmental bodies actually work parallel to each other to ensure citizens are satisfied and the law and order balance with the voice of the people are protected. Montesquieu was deeply impressed by the individual freedom and liberty present in the English society and while analyzing the English Legal system he observed that the stability and liberties enjoyed was derived from their adherence to the principle of separation of powers.
The way forward consists of a practical approach that is in touch with the felt necessities of time. Every branch is given powers appropriate to their roles which they can exercise for the benefit of the nation. Indian state represents a contemporary approach in constitutionalising the doctrine of separation of powers. In fact, the Constituent Assembly Debates indicate that separation of powers in its rigid or literal sense was never intended to be adopted by the constitution makers at all. If there has been any violation of laws the judiciary has the power to rectify the problem by taking appropriate measures.
Doctrine of Separation of Power : Important Notes for UPSC Exam!
For example, in the Vishakha case , the Court laid down a set of procedural guidelines pertaining to sexual harassment at workplace consistent with CEDAW, to fill the gap of legislation in that regard. The Court further held that adjudication of a specific dispute is a judicial function which Parliament even acting under a constitutional amending power cannot exercise. In this case, it was said that separation of powers is an important part of the basic structure of the constitution. Â This overlap is found to be of the highest degree between the legislature and the executive. This is because it acts just as a protector from the extras of the other organs of the government. Thus, the doctrine is not rigid in nature and can be flexibly moulded to fit into the unique situations of different states. In fact, it is noteworthy that Article 50 of the Constitution puts an obligation over the state to separate the judiciary from the executive.
This proposition was declined by the Assembly, which took into account the agreed Parliamentary-government structure of India and vouched for a harmonious system as opposed to a three-fold conflict. In the Keshav Singh case , the Supreme Court upheld the independence of the judiciary and pronounced the scope of judicial review. What does the Judiciary mean? By keeping every organ separate from each other, they can function independently and there is no interference. The Supreme Court has since struck down quite a few amendments to the Constitution, made by Parliament as violative of the basic structure of the Constitution. Also, the executive powers of the Union and the State are vested in the President and the Governor respectively. The doctrine of separation of power brings effectiveness in all three organs of the government and sought for achieving the target of democracy.
Separation of Powers Between the Organs of the Government in India
Rather, he regarded the legislative as the supreme branch, while the executive and federative branches were only concerned with the internal and external affairs of the country respectively, operating under the control and authority of the King. In common sense, we can say that the executive includes the head of the minister, advisor, departmental head, and his ministers. Hence, an apparent demarcation between the three branches and their functions is found to be broadly laid out under the Constitution. In India, during pre-independence times, the criminal magistracy was placed under the direct control of the executive. Even the President is regarded as part of the Legislature along with the Houses of the Parliament Article 79. Author: AMIT SHEORAN, Symbiosis Law School, Nagpur. These rules help in the smooth function and smooth movement of the country in the direction of development.
The judiciary is also self-dependent enough and faces no obstruction from the other two organs. It aims to dilute the influence of any one person or entity in a government, thereby reducing opportunities for tyranny or abuse of power. Subsequently when the matter reached the Supreme Court, where they clarified that once a court is satisfied about the existence and the extent of privilege and its breach it should decline to interfere with the privileges of the House. In modern political thinkers it was Bodin who first advocated the idea of separation of executive and judicial powers in the interest of better administration of justice. As per Article 361, the President and the Governors enjoy immunity from court proceedings. If any amendment violates these essential features of basic structure then it will be struck down as unconstitutional. These are direct judicial functions.
It demarcates the powers of the Union and the State by classifying their powers into three separate lists. For instance, the legislature can impeach judges but as per the condition i. The judges of the Supreme Court are appointed by the President in consultation with the CJI and judges of the Supreme Court the Supreme Court has power to make Rules for efficient conduction of business. Therefore, from the above analysis of the constitutional provisions associated with the doctrine, it is evident that a broad set of domains delineating the powers and functions of the three branches has been set out under the Indian Constitutional structure. If it were joined to legislative power, the power over the life and liberty of the citizen would be arbitrary, for the judge would be the legislator. Members must be at least 25 years old, citizens of the United States for at least seven years, and residents of the state where they are seeking election. A check on judicial authority is maintained by bestowing the power of appointment of federal judges upon the President subject to the consent of the Senate Article 2, Section 2.
