Question 13

In India separation of power is more hypothetical than real. Comment.
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Comments

  1. Unknown26 June 2017 at 08:42

    Separation of Power is a concept which was first given by the French thinker Montesquieu.According to separation of power concept the executive , judiciary and the legislature powers should not be concentrated in one person rather they should be separated to avoid abuse of powers and allow a system of checks and balances to develop.

    India has adopted Parliamentary form of democracy which gives the Parliament the mandate to legislate on laws , the judiciary to adjudicate and executive to ensure the laws are implemented.In India however the separation of powers is not watertight.

    The President has power to grant pardons ,he also appoints the judges of the Supreme Court and High Courts. The executive is a part of the Parliament as the Prime Minister and his Council are members of Parliament.

    The Supreme Court under Article 142 can make regulations to bring about justice for instance the Vishaka guidelines for sexual harassment. Courts can also strike down unconstitutional laws and executive actions by way of judicial review.

    The legislature is involved in removal of judges of High Court and Supreme Court.It assumes a quasi judicial role when investigating breach of Parliamentary privileges etc .

    Thus we can see that separation of power in India is more hypothetical and real.

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    Replies
    1. Aru26 June 2017 at 10:41

      seems to me perfect. Unable to think anything else to add for the time being. Lets see if i get some more points, but its good very well written sir.

      Delete
    2. Unknown26 June 2017 at 21:21

      Thank you for your feedback

      Delete
    3. Unknown1 August 2017 at 19:43

      The answer is good. Though you could add a bit more in the conclusion.

      Delete

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