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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.

Answer by Chad #

Yes, the Constitution of India does not advocate a strict separation of powers but instead follows the principle of "checks and balances." This means that power is distributed among the three branches of government - the executive, legislature, and judiciary, with each branch having some control over the others to ensure a system of checks and balances.

The Constitution of India does not have a complete separation of powers like the United States' model, where each branch operates independently without much interference from the others. In India, the three branches have overlapping functions and powers, which allows them to keep a check on each other.

For example, the President, who is part of the executive branch, has the power to veto legislation passed by the legislature if it goes against the Constitution. The judiciary, on the other hand, has the authority to strike down laws passed by the legislature if they are deemed unconstitutional.

Similarly, the legislature can remove the executive through a vote of no confidence, and the judiciary can ensure that both branches are acting within the boundaries set by the Constitution. This mutual accountability and control among the branches prevent any one branch from becoming too powerful or abusing their authority.

By adopting the principle of checks and balances, the Constitution of India ensures that power is not concentrated in one branch alone. It promotes accountability, transparency, and prevents any potential abuse of power. It allows for a harmonious and effective functioning of the government by providing a system of checks and balances among the three branches, ultimately leading to the protection of citizens' rights and the maintenance of constitutional integrity.