UPSC Mains 2019 · GS II · Q1 · 10 marks · 150 words

Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on the principle of ‘checks and balance’ ? Explain.

हिन्दी में

क्या आपके विचार में भारत का संविधान शक्तियों के कठोर पृथक्करण के सिद्धान्त को स्वीकार नहीं करता है, बल्कि यह ‘नियंत्रण एवं संतुलन’ के सिद्धान्त पर आधारित है ? व्याख्या कीजिए ।

How a topper answered the closest question

Toppers wrote this one in a test series: “What do you understand by 'The doctrine of separation of powers'? Do you think this doctrine is absolutely rigid as per our constitution? Justify.”

Diksha JoshiAIR 19 · CSE 2021 · 96 wordsTheir whole copy

Opening · a definition

Doctrine of separation of powers refers to separation in functioning of three pillars of democracy

Body · points and prose

Doctrine of separation of powers refers to separation in functioning of three pillars of democracy → legislature → To make law → Executive → To implement it → judiciary → To check the above two.

In the Indian context on one hand powers are separated eq:- Parliament making laws → Executive administering them & judiciary oversees it there is also an overlap that is evident :-

Diagram
- Two intersecting circles: - Left circle: Legislature - Right circle: Judiciary - Arrow from outside to left: failed to make effective laws to protect - Arrow from left part: eq:- vulnerable section like women - Arrow from below: or protect the environment - Arrow from overlap: Through judicial activism as seen in Vishakha case OR MC Mehta case - Arrow from right side of overlap: influence passage of laws eq:- Sexual Protection of Women in Workplace 2013.
Diagram
- Two intersecting circles: - Left circle: Judiciary - Right circle: Executive - Intersection: shaded - Arrow from left: aim is to provide justice - Arrow from right: Administrators appointed to quasi-judicial bodies: Tribunalisation of justice eq: - National Green Tribunal orders in cases of environment protection
Diagram
- Two intersecting circles: - Left circle: Legislature - Right circle: Executive - Intersection: shaded - Arrow from right: Executive are part of the parliament and guide in law making.

Although a overlap of function is seen in many situations but it is also evident that such cases have only led to passage of better laws or effective justice delivery.

Close · a summary

In the Indian context on one hand powers are separated eq:- Parliament making laws → Executive administering them & judiciary oversees it there is also an overlap that is evident :- Although a overlap of function is seen in many situations but it is also evident that such cases have only led to passage of better laws or effective justice delivery.

How toppers approach this question, and more on its topic: open the question.

Toppers’ answers to other close questions

Source: UPSC, Civil Services (Main) Examination 2019, General Studies Paper II, Q1. The paper on upsc.gov.in. Themes and links to toppers’ answers are by UPSC Grade, not by UPSC.