GS2 · 10 marks · 150 words

India does not follow a watertight model of separation of powers; rather a system of salutary checks and balances. Discuss. Also, explain the rationale behind the same.

Answered by 4 toppers · CSE 2022

Syllabus: Separation of powers between various organs dispute redressal mechanisms and institutions.

How toppers approached it

From all 4 answers · about 160 words · 50% drew a diagram.

Opening

  • A definition2 of 4
  • A constitutional or legal provision1 of 4
  • No separate opening1 of 4

Body

  • Points3 of 4
  • Points and prose1 of 4

Close

  • No separate close3 of 4
  • A summary1 of 4

The toppers’ answers

Tanmai KhannaAIR 61 · CSE 2022 · 149 wordsTheir whole copy

Opening

The Indian polity is a parliament system based on UK's Westminster model of government. Its basis is separating powers but keeping adequate checks across arms of the government:

Body · points

→ Executive checks : The executive is a majority in the Parliament and ministers propose most bills. They also appoint judges in the judiciary.

→ Legislative checks : The legislative controls the executive through confidence motions and can remove judges.

→ Judiciary checks : The judiciary reviews all legislation that is challenged (writ powers U/A 32) and checks executive actions as well.

Close

Even though Article 50 aims for separation of executive and judiciary, these checks are present to not let any arm of the government extend beyond their mandate.

Unlike USA, in India members of the Executive are de facto members of the legislative as well, therefore this brings harmonious and stable working of the government without compromising on the checks.

More on Separation of Powers

Friction and redressal between the legislature, executive and judiciary.

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