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Discuss the Constitutional Status of Separation of Power in India.

Topic:  Separation of powers between various organs dispute redressal mechanisms and institutions.

2. Discuss the Constitutional Status of Separation of Power in India.(250 words)

 Reference: Indian polity by Lakshmikant

Why this question:

The question is straightforward and from the static portions of GS paper II.

Key demand of the question:

One must explain the Constitutional Status of Separation of Power in India.

Directive:

DiscussThis is an all-encompassing directive – you have to debate on paper by going through the details of the issues concerned by examining each one of them. You have to give reasons for both for and against arguments.

Structure of the answer:

Introduction:

Briefly define what you understand by Separation of power.

Body:

  • The doctrine of separation of powers is a part of the basic structure of the Constitution, although not specifically mentioned. The legislature cannot pass a law violating this principle. The functions of the three organs are specifically mentioned in the Constitution.
  • Then discuss articles of the Constitution which suggest separation of powers; Article 50, Article 123, Articles 121 and 211, Article 361 etc.
  • Discuss how it is different from the western notion of separation of power.
  • Highlight the significance using examples.

 Conclusion:

Conclude by reasserting the importance of these concepts in the Indian constitution.