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Separation of powers and/or checks and balance

first_imgThe Constitution of India does not accept the principle of strict separation of powers, rather it is based on the principle of ‘checks and balance’.Indian Constitution is not static but a living document. It is the “religion of all the religions” for Indians. It demands to maintain an intricate and delicate balance while exploring the relationship between three branches. It expects judges, legislators and executives to be rational, development-oriented, lawful, ethical and people-centric. That is why our constitution doesn’t have strict provisions related to the separation of powers like the tripartite system found in the US Constitution which gives clear powers to three branches. For example, the executive branch nominates judges, which the legislative branch confirms, whereas judiciary can declare laws passed by the legislature unconstitutional.Though Articles 50, 121, 122, 211, 212, 361, and norms likea) Council of Ministers shall be collectively responsible to the House of People,b) Audit reports,c) Remedies for enforcement of rights,d) Laws inconsistent with or in derogation of the fundamental rightsshow a basic level of separation of power and the principle of ‘checks and balance’.last_img read more

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