Separation of Powers
- Most democratic nations’ constitutions have a partial or complete system of horizontal separation of powers between the three parts of government, or the state: legislative, executive, and judicial.
- The separation of powers theory establishes different authorities and responsibilities for each branch of government, following the Constitution’s organizational structure.
- The Constitution establishes checks and balances to prevent one branch from overstepping its authority or abusing its powers. India adheres to the system of power division between the three arms of government as outlined in the Indian Constitution. India is a parliamentary republic.
- The executive division is made up of the Prime Minister, the President, and the bureaucracy. The Lok Sabha and Rajya Sabha, the two chambers of Parliament, make up the legislative branch.
- The Supreme Court is the last arbiter of constitutional interpretation in the judiciary, which operates independently of the other two institutions.
Courts and Judicial Review
The Constitution of India establishes the basis for the Indian judicial system. India’s federal structure divides legislative authority between the Centre and States. Judicial Review is a cornerstone of Indian democracy, empowering the courts to act as guardians of the Constitution. Judicial Review safeguards the fundamental rights enshrined in the Constitution, like freedom of speech and equality. If a law restricts these rights unreasonably, the courts can strike it down.
Key Takeaways:
- The Constitution doesn’t explicitly mention “judicial review,” but it’s implied through various articles like Article 13, Article 32, and Articles 136, 142, and 226.
- Judicial Review is not about judging the wisdom of a law but its constitutionality.
- It prevents any one branch of government (legislature, executive, or judiciary) from becoming too powerful. By checking the others, judicial review upholds a balance.
Table of Content
- Court and Judicial Review
- What is a Judicial Review?
- Separation of Powers
- Conclusion
- Courts and Judicial Review – FAQs