Supreme Court to Tamil Nadu Minister Choose Between Post and Freedom
(Source – The Hindu, International Edition – Page 1 & 12)
| Context |
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Separation of Powers – Key Pointers
- Origin: Montesquieu’s theory — division of power into Legislature, Executive, and Judiciary.
- Purpose: Prevent concentration of power, ensure checks and balances, uphold liberty.
- In Indian Constitution:
- Not explicitly stated, but implied through structure.
- Article 50: Directive Principle — Separation of Judiciary from Executive.
- Articles 121/211 & 122/212: Mutual non-interference clauses.
- Judicial Review: Empowered Judiciary under Articles 32 & 226.
- Functional Overlap:
- Executive part of Legislature.
- Ordinance-making by Executive (Art 123).
- Judiciary strikes down unconstitutional laws.
- Judicial Landmark:
- Kesavananda Bharati Case (1973): Separation of Powers is Basic Structure.
- Minerva Mills (1980) & Indira Gandhi v. Raj Narain (1975): Affirm balance and restraint.
- Challenges:
- Judicial overreach (activism).
- Excessive ordinance route by Executive.
- Legislative abdication in policymaking.
- Way Forward:
- Respect institutional boundaries.
- Promote cooperative constitutionalism.
- Ensure accountability of each organ.
| PYQ: Q. “The doctrine of separation of powers is not fully applicable in India.” Discuss. (UPSC CSE Mains 2018 – GS 2) Practice Question Q. The Indian Constitution adopts a system of checks and balances rather than strict separation of powers. Critically analyze with examples. |
