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

Separation of Powers in India

To protect people’s freedom and democracy, a state needs separate groups to handle different government tasks: making laws (Legislature), interpreting laws (Judiciary), and enforcing laws (Executive). Each group should be independent of the control from others.

1. Executive (Enforce Laws)

  • The acting head of state is the President of India. The Prime Minister and his or her Council of Ministers constitute the true executive.
  • With the assistance and counsel of the Prime Minister and his or her Council of Ministers, the President performs his or her duties.
  • Generally, the President must heed the advice.
  • The President is appointed for a set term of five years and is chosen by the Electoral College, which is made up of the elected members of the state legislatures and both chambers of Parliament.

In simple words, The President of India serves as the ceremonial head of state, while the Prime Minister and their Council of Ministers hold the actual executive power. The President, elected indirectly by an Electoral College comprising members of Parliament and state legislatures, typically follows the advice of the Prime Minister and the Council of Ministers.

Powers of the President:

  • The President is empowered to issue ordinances during Parliament’s recess, but they must receive Parliament’s approval within a specified timeframe to become permanent statutes.
  • The President can dissolve the House of the People (Lok Sabha) on the advice of the Prime Minister.
  • The President holds power to declare three types of emergencies: national emergency, state emergency (President’s Rule), and financial emergency. These can be declared under specific circumstances outlined in the Constitution.
  • During a state of emergency, the President’s authority increases, allowing for the central government to have more control over the states.

2. 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.

3. 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- FAQs

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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