Separation of Powers in India

Who has the most power in the judiciary?

The Supreme Court in India has a big say in interpreting the Constitution. It’s the one that decides the important things about how the Constitution works.

What parts of the Constitution can’t Parliament change?

Some parts of the Constitution, like the idea that India is a democracy, can’t be changed by Parliament. These are called the “Basic Structure” and include things like the Constitution being the most important, India being a democracy, being secular, and having its own powers.

Can the government make laws in India?

Yes, according to the Constitution, both the national government and state governments can make laws. They have lists in the Constitution telling them what areas they can make laws about.

How is the Indian government similar to the British one?

India and the UK both have systems where the government’s actions are watched by the parliament. In both, the executive (like the Prime Minister) and the legislative (the Parliament) are closely connected.

When can the courts check if something’s fair in India?

The courts in India can review government actions to see if they’re fair or not. They do this based on a few reasons, like if the government did something it shouldn’t have or if it didn’t follow the right steps.

References:

• CONCURRENT POWERS OF LEGISLATION UNDER LIST III OF THE CONSTITUTION
• Constitution
• LEGAL STUDIES NCERT- Class XI

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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.