Question 1 · 10 marks · 174 words written
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
- 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).
- 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