DMPQ:Indian constitution in true sense do not follow the perfect separation of power. Do you agree with the statement. If Yes, Why?

Indian constitution is based on the clear but delicate principle of limited separation of powers and responsibilities between different arms of Government, a precondition for smooth functioning of a government. But there are provisions and functioning where there are overlapping of functional areas. For example:

  • Legislature- President is head but works on advice of CoM, impeachment of president by Legislature, Passing of contempt charges against non-members,Removal of judges.
  • Executive- They are part of legislature itself, ordinances making power of executive, Delegated legislation to a name few.
  • Judiciary- Judicial interference in rules formulation, legislation of bills in name of basic structure, constitutionality etc. In recent times Judicial Activism, Judicial Overreach can also be seen.
  • Tribunals: Non judicial persons are appointed in tribunals to award charges. For instance, National Green Tribunal has mix of Judicial and Civilian officers. This lead to interference of Executive in Judiciary.
  • Centre-State: Even though there is constitutional separation of powers under 7th schedule of constitution. Center can undertake state subjects for giving effect to International Treaties, if Rajya sabha passes a resolution on state subject, If two or more state requests, Governor’s discretionary power, Art 259 etc.
  • All-India Service: India is the only federal country to have a bureaucracy, which is appointed and removed by Central government but work, draw salary and accountable to state government.

 

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