GS2 · 10 marks · 150 words

The principle of 'Separation of Powers' is a key feature of the American Constitution. In this context, compare how the Indian Constitution's functional separation of powers distinguishes itself from the US system. What are the advantages of a check and balance system over a rigid Separation of Powers?

Answered by 10 toppers · CSE 2022–2025

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

How toppers approached it

From 9 of the 10 answers · about 190 words · 44% drew a diagram.

Opening

  • No separate opening44%
  • A definition33%
  • A direct answer22%

Body

  • Points and prose100%

Close

  • A summary67%
  • No separate close22%
  • A source11%

The toppers’ answers

Raghav JhunjhunwalaAIR 4 · CSE 2025 · 71 wordsTheir whole copy

Opening · a direct answer

India follows a functional Division of powers model rather than the US model of watertight separation.

Body · points and prose

US model

Inspired from montesquieu's 'Spirit of Laws'

Diagram
[ Legislative ] [ Executive ] [ Judiciary ] | | | can't control need not be checks Executive part of over both legislature (Judicial supremacy)
Diagram
-> lack of Executive Accountability. -> frequent deadlocks (US Govt shutdown) challenges -> NO extraordinary power of ordinance to President for Emergency -> President (De facto head) can't be removed without Impeachment

Indian model

Functional/Non-watertight S.O.P.

Diagram
[ Legislative ] / \ (Generally leads / (Fixes no. of judges, House of elected determines scope of members) writ jurisdiction) / \ [ Executive ] <----------> [ Judiciary ] (Appt. by President) (checks via 13(2)) (check arbitrary action)

Advantages of Checks & Balances

  • No organ becomes totalitarian
  • Refinement of decisions & debates
  • Helps public to make choices & uphold Accountability

Close · a summary

Thus, there are multiple differences & merits, of India's relaxed version of Sep. of Powers.

More on Comparative Constitutions

The Indian scheme set against other countries'.

All GS2 questions on Comparative Constitutions