MIXTURE OF VARIOUS FORMS OF GOVERNANCE IN INDIAN

CONSTITUTION

CONSTITUTIONAL GOVERNANCE

 Constitution deals with the framework of governance of a country.

 The governance framework lays down structure of government, functions of

institutions such as legislative, executive and judicial.

 The Constitution of India seeks to protect the fundamental, political and civil rights of
the people. It also embodies the basic governance structure of the country. The
Constitution of India provides for a parliamentary form of Government, which is
federal in structure with certain unitary features.

RULE OF LAW

 The doctrine of rule of law has its origin in England and Edward Coke is said to be
originator of this concept.

 The term “Rule of Law” is derived from the French phrase la pricipe de legalite (the
principle of legality) which refers to a government based on principle of law and not
men. It was opposed to arbitrary powers (subject to individual will or judgment
without restriction; contingent solely upon one's discretion).

 In India, concept of Rule of law can be traced to Upanishad. Law is the Kings of
Kings. There is nothing higher than law. By the power of law weak shall prevail over
the strong and justice shall Triumph.

SEPARATION OF POWERS

 Separation of powers is a doctrine of constitutional law under which the three

branches of government (executive, legislative, and judicial) are kept separate.
 This is also known as the system of checks and balances, because each branch is
given certain powers so as to check and balance the other branches.
 Each branch has separate powers, and generally each branch is not allowed to exercise
the powers of the other branches.