Three Branches of Government in India
The Montesquieu Model of Separation of Powers
The modern system of democratic governance is based upon the separation of power theory pioneered by Montesquieu. This model is known as triaspolitica. The model was first developed in ancient Greece and became a part of the uncodified Constitution of the Roman Republic. Under this system of separation of power, the state is into three branches or estates, each with separate and independent powers and areas of responsibility. The normal division of estates is into an executive, a legislature, and a judiciary.
- The proponents of the separation of powers say that this division protects the liberty and democracy and avoid tyranny.
- Opponents say that it actually slows down the process of governing, promotes excesses of executive power and unaccountability, and tends to marginalize the legislature.
The Montesquieu model is based on the British constitutional system, in which he perceived separation of powers among the monarch, Parliament, and the courts of law.
Moreover, the press has been described as a “fourth estate” because of its considerable influence over public opinion and its indirect influence in the branches of government by, for example, its support or criticism of pending legislation or policy changes.
Functions of Three Branches of Government
The functions of the 3 branches of the Government are summarized as below:
Functions of Legislature
- Enacts all the laws.
- Controls all the money; taxes, borrows, and sets the budget.
- Oversees, investigates, and makes the rules for the government and its officers.
- Ratifies treaties.
Functions of Executive
- Preserves protects and defends the Constitution
- Faithfully executes the laws of the land.
- May veto laws in certain circumstances.
- Executes the spending authorized by legislature
- Important appointments are made by executive.
- Has the power to grant pardons for crimes.
Functions of Judiciary
- Responsible for administering the constitutional law
- Judges if any law is unconstitutional
- Oversees and administers members of the judiciary
Three Branches of Government at Union in India
The Union executive in India consists of President, Vice President, the Council of Minister and Attorney general. The Union legislature is Parliament, which is made up of President, Lok Sabha and Rajya Sabha. Despite President being part of Parliament, he is not a member of any house.
In the last 30-40 years of the British Rule in India, some responsibility was introduced in the administration of the country and the provinces working at the time of our independence were more or less based upon the British Model. The country when became independent was a parliamentary government, so shifting to another model would have been against the tradition of a century. This was the primary reason that we have a parliamentary form of Government. The second reason is that there was a need to create a strongest executive which should be consistent with the democratic constitutional structure of the newly independent country.