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Is doctrine of ‘separation of powers’ explicitly mentioned in the Indian Constitution? What are the major provisions in the Indian Constitution which support this doctrine? Explain.

 

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

1. Is doctrine of ‘separation of powers’ explicitly mentioned in the Indian Constitution? What are the major provisions in the Indian Constitution which support this doctrine? Explain. (250 words)

Reference: Indian polity by Lakshmikant

Why the question:

The question is premised on the theme of “Doctrine of separation of power”.

Key Demand of the question:

Explain in detail the concept of “Doctrine of separation of power” and its constitutionality in the Indian system of polity.

Directive:

Explain – Clarify the topic by giving a detailed account as to how and why it occurred, or what is the particular context. You must be defining key terms where ever appropriate, and substantiate with relevant associated facts.

Structure of the answer:

Introduction:

Briefly state about the concept of the doctrine of separation of power.

Body:

Explain what you understand by separation of power; ‘Separation of Power’ is a principle that limits the powers vested in any person or institution. It divides governmental authority into three branches:

  • Legislative (Parliament or Senate)
  • Executive (President or Prime Minister and the Cabinet), and
  • Judiciary (Chief Justice and other judges).

Then move on to examine whether this principle is explicit or implicit in Indian Constitution.

In our country the debate about the separation of powers dates as long back as the Constitution itself. It was extensively debated in the Constituent Assembly. It was not given constitutional status in our Constitution finally but it does clearly seem that the constitution of India has been made keeping the separation of powers doctrine in mind, but nowhere is this explicitly stated or embraced by the constitution itself.

 

Conclusion:

Conclude with its importance.