AIR 44 · CSE 2024 · GS2 · 54 pages

Mudita Bansal: GS2 answer copy

20 answers by Mudita Bansal, as written in the test. Each question opens a page with how other toppers answered it.

The questions

The answers

Question 1 · 10 marks · 174 words written

The Indian Constitution does not embody a strict separation of powers rather it introduces a system of checks and balances, with overlapping functions and interdependencies among the legislature, executive, and judiciary. Elaborate.

Opening · a constitutional or legal provision

Supreme court in Ramkumar Jawaiya case specified that India does not follow a strict separation of Powers.

Body · points

Indian Constitution - a system of checks / balances

Diagram
- Triangle with nodes: Judiciary, Parliament, Executive - Arrow from Parliament to Judiciary labelled: Impeach - Arrow from Judiciary to Parliament labelled: Activism - Arrow from Parliament to Executive labelled: Dissolve - Arrow from Executive to Parliament labelled: Responsibility - Arrow from Judiciary to Executive labelled: Maintains - Arrow from Executive to Judiciary labelled: Appoints - Center label: SOP
  1. Judiciary and Executive (i) Executive can appoint judicial judges (President) as per Third Judge case.

→ Judiciary can maintain executive tyranny by declaring ordinances null and void (Ar 13).

  1. Judiciary and legislature → Judicial activism through Ar 142 to fill any legislative vaccum (eg- Badri Prasad case and live-in legality)

→ legislature (parliament) can impeach judicial judges in case of any violation of constitution (both High court and supreme court judges) → However, independence maintained through Ar 121 (bar on discussing judicial behaviour) and Ar 122 (cannot discuss Parliament proceedings)

(3) Executive and legislative → executive (council of Ministers) responsible to legislature collectively under Ar 75. → legislature constitutes of council of Ministers, who can belong to Lok Sabha or Rajya Sabha. → Executive can advise President to dissolve legislature, while Lok Sabha can pass no confidence motion.

Close · a summary

Hence, a balanced system of checks, dependence maintained