Legislature (Enact Laws)
- Members of Parliament typically include the Prime Minister and the members of their council. In Parliament, they actively participate in the bill-proposal and bill-voting processes. When a bill gets assent of the president, the bill becomes an act.
- The House of People is the ultimate authority for the Council of Ministers, which includes the Prime Minister. They thereby hold their position for as long as the House of People continues to have faith in them. The authority to impeach the President is given to the Parliament of India.
- The legislative branch’s authority and duties are outlined in the Indian Constitution. The ability to enact legislation is granted to both the Parliament and the state legislatures under Article 246 of the Constitution.
In simple words, The Parliament, including the Prime Minister and their council, makes laws. Bills are proposed, discussed, and voted on. Once approved by the President, a bill becomes law. The Parliament can also impeach the President.
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