← All questionsGS2 · 2019 · Polity ·Separation of Powers vs Checks and Balances
QUESTION 1
GS2
10 marks

Do you think that the Constitution of India does not accept the principle of strict separation of powers; rather, it is based on the principle of ‘checks and balances’? Explain.

WRITE IN
7 min
150 words

What the examiner wants

Explain why India's Constitution follows checks and balances rather than strict separation of powers.

ExplainMake clear how and why it happens: causes, process, and an example for each point.

Demand-wise check

  1. 1No strict separation: executive drawn from legislature, ordinances (Art. 123), delegated legislation, President's role in judicial appointments≈30 words
  2. 2Checks: judicial review (Art. 13, 32, 226), impeachment, parliamentary control over executive, President's veto≈30 words
  3. 3Separation as part of basic structure (Kesavananda, Indira Gandhi v Raj Narain)≈30 words
  4. 4Conclusion: functional separation with mutual checks≈30 words

Open in about 20 words and close in about 20.

Answer plan

Strict separation (Montesquieu, US)Indian overlapsChecksJudicial viewConclusion

Where marks usually go

  • Listing articles without the 'checks' logic
  • No cases, e.g. Kesavananda Bharati, Indira Gandhi v Raj Narain, Ram Jawaya Kapur

Draw this

  • Triangle of three organs with arrows for each check

Value addition

  • CaseRam Jawaya Kapur v State of Punjab (1955): the Constitution does not follow strict separation but differentiates functions.Supreme Court, 1955
  • CaseIndira Nehru Gandhi v Raj Narain (1975): separation of powers is part of the basic structure.Supreme Court, 1975

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