Highlight the indispensability of the doctrine of separation of powers for a democracy. Elucidate the principle of ‘checks and balances’ and discuss it in context of India.

Doctrine of separation of powers is integral to any democratic setup.

  • Ensures proper checks and balances.
  • Prevents tyranny of the executive.
  • Ensure sanctity of constitution and fundamental rights.
  • Provides avenues for citizens who have been wronged by any organ of the state.

Constitutional provisions in India:

  • Article 50: separation of executive from judiciary.
  • Article 121 and 211: conduct of judges cannot be discussed in Parliament or Legislative Assembly.
  • Article 122 and 212: courts cannot enquire into proceedings of legislature.
  • Parliament cannot curtail powers of the Supreme Court and the High Courts.
  • Judges have security of tenure and fixed service conditions.

The principle of ‘checks and balances’ stands for protecting citizens against overreach by any organ of the state.

  • Judicial review: courts can inquire into legislative and executive decisions.
  • Impeachment of judges: Parliament can exercise control on conduct of judges.
  • Ban against repeated promulgation of ordinances: As observed by the Supreme Court in Wardha and Krishna kumar cases, attempt to subvert legislative domain unconstitutional.
  • Parliamentary committees scrutinizing executive actions.

The functioning of each organ in a democratic polity is important, while also ensuring they do not overstep their boundaries. Various constitutional, legal and judicial safeguards are in place to ensure separation of powers.

Originally written on December 11, 2023 and last modified on October 27, 2024.

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