Do you think that constitution of India does not accept principle of strict separation of powers rather it…

Question

Do you think that constitution of India does not accept principle of strict separation of powers rather it is based on the principle of checks and balance? Explain.

Ghissu Editorial · Accepted Answer

The Indian Constitution rejects strict separation of powers and relies on checks and balances, with overlapping functions but protected cores for each organ. Ram Jawaya Kapur (1955) held that India recognises only a differentiation of functions.

**Introduction**

Montesquieu tied liberty to separate law-making, executive and judicial hands. In Ram Jawaya Kapur (1955) the Supreme Court held that India adopts a differentiation of functions, not strict separation.

**Why India Rejects Strict Separation**

SKETCH: comparison | Strict Separation vs Indian Model
a: Strict Separation
b: Indian Model
- Executive separate from legislature :: Executive drawn from legislature
- Legislature alone makes law :: Ordinances, delegated rules
- Courts alone judge :: Pardon, impeachment, privileges
- Watertight organs :: Interdependent organs

1. **Parliamentary fusion**: Ministers sit in Parliament and are collectively responsible to the Lok Sabha under Article 75(3).
2. **Overlapping functions**: Ordinances under Articles 123 and 213 let the executive legislate, the President pardons under Article 72, and Parliament removes judges under Article 124(4).
3. **Judicial rule-making**: The Supreme Court frames its own rules under Article 145 and issues binding directions for complete justice under Article 142, entering terrain that is otherwise legislative.

**Checks and Balances Among the Organs**

1. **Legislature over executive**: No-confidence motions, Question Hour and the Public Accounts Committee's scrutiny of CAG reports keep the government answerable.
2. **Executive over judiciary**: The President appoints judges, though the collegium restored by the NJAC case (2015) tempers this check.
3. **Judiciary over both**: Judicial review under Articles 13, 32 and 226, and the basic structure from Kesavananda Bharati (1973), limit laws and amendments.
4. **Insulated cores**: Articles 121 and 122 shield judges' conduct and legislative procedure from each other, and Indira Gandhi v Raj Narain (1975) made separation of powers part of the basic structure.

**Conclusion**

Yes, the Constitution rests on checks and balances rather than strict separation: functions overlap but each organ's core is protected. This interdependence reflects Ambedkar's preference for responsibility over stability and keeps democracy accountable.

Do you think that constitution of India does not accept principle of strict separation of powers rather it is based on the principle of checks and balance? Explain.

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