Checks and Balances are important than Separation of powers

-

Indian constitution when prepared and put to discussion many legal luminaries criticised the constituent assembly work some called it as  " A Borrowed Constitution" or "Elephant Size Constitution" and strongly criticised it as "slavish imitation of the western mindset, much more - a slavish surrender to the west".

There is no nation with such a lengthy constitution as India did. This is because of its historical, cultural and civilization roots with the land and people, this constitution came to reality in 1950.  Many amendments and legislative bills added value to the constitutions. Many modern ideas with conservative principles were accomadated by the Indian constitution.The safeguards to minorities with freedoms to individual were laid out in the provisions of constitution. Such provisions is bound to have conflicts or overlaps.

In governance the main organs of the system are Legislative, Executive and Judiciary. Even though the functions of these organs divided among themselves but the powers are clearly demarcted to avoid the conflicts. In a functioning democracy the checks and balances of these organs are important than separation of powers. 

Articles in the constitution which give direction for separation of powers

Article 50: State shall ensure the separation of the judiciary from the executive. This is for the purpose of ensuring the independence of judiciary.

Article 53 and 154 : This provide that the executive power of the union and state shall be vested with the President and the Governor and they have immunity from charges of criminal liability.

Article 121 and 211 : The legislature can not discuss the conduct of a judge of the High Court or Supreme Court. During the impeachment procedure they can do so.

Article 122 and 212 :  The courts can not inquire the validity of the proceedings of the legislatures.

Article 361 : The President and Governor shall not be answerable to any court for the exercise of the powers and duties of  his/her office.


By these articles the constitution strictly provide the doctrine of separation of powers,in reality it is more tilted towards the checks and balances. And more than this constitution does not explicitly back any doctrine.

  • Article 75 : It implies the executive is collectively responsible to the Lok Sabha.
  • Judiciary has the power of judicial review over the actions of the executive and the legislature.
  • Judiciary has the power to strike down any law passed by legislature if it is unconstitutional or arbitrary as per Article 13.
  • Although the judiciary is independent in functions, the executive appoints the judges.
  • Legislative branch can remove the judges. It can also alter the basis of judgements while adhering the constitutional limitations. 
Checks and Balances ensure that no one organ become all too powerful. 


Reference:













Comments

Post a Comment

Popular posts from this blog

A lone survivor

-
Image
                                                                            Chapter -1 When the dark energy circling along the sky lines, the lights of Super-byke keep shattering on non-linear roads. Roads are filled with pot holes and filth that carried by urban rains. Using all skills to navigate the unsteady hand , Woody reached the vertically stacked building. The building seems to be an aged ghost were light only flickers at last floor. With heavy heart Woody pushed the door which was half locked . He was tired and body was wounded at work. The laboured eyes of neighbor of the same floor made a suggestion of kindness.  The building belongs to a goon and it was half build and left many spaces with cement bags, sand hills, Unused relics of art industry. People of poor background and less privileg end up in one of these appartments. Many became as bonded labours to mastery. Some end up as good replacements for their dangerous games. Woody was half trained in
Read more

FPO's and its Roadblocks

-
Image
I ndia is one old civilization where people of different languages and ethnic identities came together and living as one nation. The Cooperation among citizens not just helped economic and social interest but also strengthens the national building. According to economic historian, Charles Guide “Cooperation is self-help and each for all “.   Self-help means the pride of supplying one’s own needs by one’s own resources, of being one’s own merchant banker, money lender and employer. “Each for all”, means to seek liberation, not only for oneself but for and through others. Cooperatives:                  During the British Rule in India, Nicholson a British officer in India suggested to introduce “Raiffersen” model of German agricultural credit Cooperatives in India. As a follow-up of that recommendation, the first Cooperative Society Act of 1904 was enacted to enable formation of “agricultural credit cooperatives” in villages in India under Government sponsorship. In 1942, the Gove
Read more

Gandhara Art How it got influenced by Romans, Greek cultures

-
"GANDHARA" is an ancient kingdom have cultural roots with Indian sub-continent. That great city is presently part of modern Pakistan. The city covers in places of northern pakistan and eastern afghanistan. The name to the city GANDHARA came from the character "Gandhari" who is wife of Dhritarashtra.  After the archelogical excavations there are many sites which are excavated and found the relics of "Gautama Buddha". Due to historical influences and people interactions the images of budhha is unique and versatile. One of the famous example of classic Gandhara art is "Budhha of Bamyan". After its destruction by taliban in 2001 recently a restoration project was undertaken. Gandhara art was developed in north-west India during kushan rulers period. The art was influenced by Central Asian and Greeco Bactrian elements. Central Asian Elements: Curly hair of Buddha also resembles the parthian styles of statues. The cloth drapping seen i
Read more