Judiciary (Interpret Laws)
- The Supreme Court of India, High Courts, and other suboridnate courts are together referred to as the judiciary. The Supreme Court of India serves as the nation’s last court of appeal.
- According to Article 124(2) of the Constitution, judges of the Supreme Court and High Courts are selected by the President following consultation with judges of those courts in the individual states. In Re Presidential Reference, AIR 1999 SC 1, a nine-judge Supreme Court Constitution Bench established the guidelines and standards of the consultation process that the executive branch must follow when appointing judges to the Supreme Court and High Court, as well as when transferring justices between the two courts.
- In India, the Constitution is interpreted by the judiciary. The judiciary has the right to carefully examine laws and administrative procedures to determine whether or not they are consistent with the Constitution.
- The judiciary offers avenues for people’s constitutionally protected fundamental rights to be upheld. The Supreme Court under Article 32 and the High Court under Article 226 of the Constitution may be moved by writ jurisdiction. While establishing its own protocols for the administration of justice, the judiciary interprets and applies laws made by the legislature. It carries out an administrative role by supervising, managing, and regulating the lower judiciary.
- The legislature may impeach judges of the Supreme Court and High Court only in cases where misconduct or incompetence have been established. However, ther is a very rare possibility of such occurence.
Separation of Powers in India: Executive, Legislature & Judiciary
India’s political structure is largely modeled after Britain’s. Both nations have chosen to operate under the Parliamentary System of Government. The legislative, executive, and judicial branches make up the three branches of government established under the Indian Constitution. The President and the two Houses, the Council of States and the House of the People make up the Parliament of India, as per Article 79 (Constitution of Parliament) of the Constitution. The concept of separation of powers, in its strictest definition, has not been included in the Indian Constitution. However, the Indian Constitution, makes clear what each part of the government is supposed to do, and there are rules to stop any part from having too much power compared to the others.
Key Takeaways
- The notion of separation of powers ensures that government entities do not overlap or exchange their respective tasks.
- The concept of ‘separation of powers’ refers to the division of authority and duties between the legislative, executive, and judicial departments.
- The Indian government is organized into three organs: the judiciary, the legislature, and the executive branch. This theory prevents the merger of power.
- The Constitution of India has made a distinction between the powers of the different organs of the government, and this is followed impliedly through the system of checks and balances.
Table of Content
- Separation of Powers in India
- 1. Executive (Enforce Laws)
- 2. Legislature (Enact Laws)
- 3. Judiciary (Interpret Laws)
- Separation of Powers in India- FAQs