UPSC Previous Year Question | Mains GS2 | 2020

Do you think the Constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balances’? Explain. (Answer in 150 words)

Answer

Introduction

India follows functional separation, not a watertight division. The parliamentary system requires institutional overlap, accountability and coordination.

Analysis

Constitutional position

  • Articles 53 and 154 vest executive power, while legislatures make law and courts interpret it.
  • However, the Council of Ministers is drawn from Parliament; the executive participates in legislation through bills and delegated legislation.
  • Judicial review, writ jurisdiction and constitutional interpretation check legislative and executive excesses.
  • Parliament controls finance, questions the executive and can impeach constitutional authorities; the executive makes rules and appointments within law.
  • Articles 50, 121, 211 and 361 show that separation exists as a principle, but is qualified.

Conclusion

Thus, Indian constitutionalism balances separation with mutual checks to prevent concentration of power while enabling responsible government.

Keywords

separation of powers; parliamentary government; judicial review; accountability

Topics: checks and balances, constitutional framework, polity, separation of powers