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Discuss whether separation of power in India, as provided by the constitution, is rigorous and whether it is more of a separation of functions rather than separation of power?

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

3. Discuss whether separation of power in India, as provided by the constitution, is rigorous and whether it is more of a separation of functions rather than separation of power?(250 words)

Reference: Indian polity by Lakshmikant

Why this question:

The question aims to analyse the concept of separation of power from the sense of its applicability.

Key demand of the question:

One must deliberate whether separation of power in India, as provided by the constitution, is rigorous and whether it is more of a separation of functions rather than separation of power.

Directive:

Discuss – Here in your discussion, you need to explain what it meant by rigorous separation of power and separation of function rather than power. Keeping the constitution and political system of India in mind we need to provide answers to the nature of SoP in India in theory and in practice.

Structure of the answer:

Introduction:

Briefly define separation of power in the Indian context.

Body:

To start with, explain that by rigorous separation of power, we mean that whether each wing of government i.e. executive, legislature, and judiciary function in silos or whether there are linkages between their functioning. By separation of function rather than of power, we mean the linkage between the executive and legislative where the minister derive their legitimacy from legislature. The question expects us to discuss these issues.

Discuss the nature of SoP in India. In the first part, discuss the checks and balances in practice and in theory which ensure that the three wings do not work in silos. Thus the nature of SoP in India is not rigorous.

In the second part, discuss the judgment of SC in Ram Jawaya Case and mention that the executive derives its legitimacy from Parliament and are a part of Parliament. This it is more like separation of function.

Conclusion:

Summarize your answer based on arguments provided above.