Model Question and Answers for APSC | Do you think the Constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of ‘checks and balance’? Explain.
Ans: Separation of powers refers to the division of government responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent the concentration of power and provide for checks and balances. The term ‘separation of powers was coined by Montesquieu in his book “Spirit of Laws”. Unlike the US constitution, However no strict separation of powers in India. There are ‘checks and balances within our democratic system that limit the power of each branch in order to prevent the abuse of power.
1. Ministers sit in parliament, but they are responsible to the parliament.
2. Many posts are allowed for legislators making exceptions to the office of profit rule, but this exception requires a change in law through parliament only.
3. Parliament makes the law, executive implements and there is a provision of judicial review for these.
4. Provision of judicial review and writ under Article 32 and 226 empowers the Supreme Court and the High Courts respectively to check the constitutional validity of the executive and legislative actions.
5. Parliament can remove the president by impeachment or the council of ministers by a no-confidence motion.
6. Independent judiciary to check executive and legislative power. Judiciary itself is checked by the impeachment power of parliament