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DAYS DAILY Mains Answer Writing

Program for UPSC 2023

2023
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 60 Days Daily Free Mains Answer Writing Program for UPSC 2023

Day 21

Topic: Separation of Powers between various organs Dispute Redressal

Mechanisms and Institutions. Comparison of the Indian Constitutional
Scheme with that of Other Countries.
Date: 12/21/2022

Q.1) What India can learn from USA and UK's model of separation of power? Critically analyse
suitability of watertight separation of power to India. (15 Marks, 250 Words)

Introduction
• Write about separation of power in 1-2 lines.

Body
• Write about USA model

• Write about UK model

• Write about Indian model

• What India can learn from USA and UK model

• Suitability of watertight separation in India

Conclusion
• Summarise with vision of Indian constitution regarding separation of power

Introduction

Doctrine of separation of power says; in governance there should be clear cut division of power
between three organs of the state i.e. executive, legislature and judiciary. It emphasised that to
protect liberty and check arbitrariness there should be separation of power.

Body

USA model
• Separation of power is strictly followed, legislative powers are vested in the Congress,
executive powers in the president, and judicial powers in the Supreme Court.

• considering the complexity of modern government, strict structural classification of the

powers of the government is not possible. Thus, a system of 'checks and balances' has been
accepted.

UK model
• Parliament is supreme as well as sovereign. The King being the executive head is also an
integral part of the legislature, ministers are members of the Parliament.

Indian Model
• Flexible approach: The doctrine of separation of powers in its rigid form is not applicable to India.

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• Executive is part of the legislature: we opted for parliamentary democracy where the executive
is part of the legislature.

• Internal Mechanism of Check and balances: The essence of our constitution is constitutionalism
i.e., ensuring inherent checks and balances within the system.

o The legislature can control the executive and judiciary can control both legislature and
executive.

o This inherent checks and balances and principle behind this is that the constitution is
supreme and sovereign whereas organs of the state are supreme in their domain but they
are not sovereign.

What India can learn from USA and UK model

• Appointments to constitutional bodies- Like USA, various appointments can be vetted by the
Rajya Sabha or Parliament for example appointment of Chief election commissioner, election
commissioner, CAG, NHRC etc.

o This will help in promoting political neutrality,meritocracy, credibility and reduce

favouritism, nepotism.

• Appointment of Judges of Higher Courts- On the line of USA it can be introduced in India with
modification, after recommendations of collegium,names of to be appointed judges can be
discussed in Rajya Sabha.

o This step will promote transparency and objectivity in appointment of judges along
with reducing the fear of favouritism in appointment.

• UK model of Countersign of Minister- This feature will promote responsibility and

accountability in executive for their act and they can be legally liable for the action and deeds.
This can help in addressing corruption, bad policy formulations etc.

• Position of Speaker In Lok Sabha- on the similar lines of UK, provision can be made to allow
speakers of the lower houses to act politically neutral and be insulated from politics.

o As speaker has a significant role in successfully running houses according to the spirit
of democracy, quasi-judicial function like in defections etc. Thus, to promote
objective, unbiased decision making such provisions will be apt.

Suitability of watertight separation in India-

As discussed earlier, India has opted for Parliamentary democracy where executive will be drawn from
Parliament. Hence there will never be separation of power in the strictest structural term. However,
if watertight separation is thought of there can be following issues for consideration-
• Reducing Judicial overreach - Exercising this power, Indian Judiciary through its interpretation
brought many progressive social reforms which not only upholded rights of citizens but also acted
as a beckon of democratic polity and society.

o Thus a watertight separation may narrow down the ambit and approach of the
judiciary.

• Indiscriminate use of ordinance power- Executive is empowered to make ordinance to deal with
emergency situations and when the legislative body is not in session.

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o But it has been observed that this power has been resorted to circumvent usual legislation
of the house.

o Thus, it is best that it should be used only under exceptional circumstances.

• Diversity - Being a multi-ethnic and multi religious society, its political demands and aspirations
are represented in parliament. It represents the grassroot political need, thus executives being
drawn from Parliament and being held accountable to it for their actions advances a step further
in satisfying real needs.

o Thus, envisaging a strict watertight separation may hinder satisfaction of diverse needs,
social goals and detour from diverse representation in governance.

• Cooperation between legislative and executive- This feature ensures that the executive is
working according to the will of the people's representative and there is no friction in policy
priorities.

o Delegated legislation allows executives to frame rules for smooth implementation of laws.
Hence absence of it may create a gap between realising the aspiration and objectives of
policies.

Conclusion

The Indian Constitution neither recognizes the doctrine of separation of powers in absolute form nor
does it contemplate the assumption of function of one organ of the state by another. As it is the
Constitution is not static but is a living document and it is critical to keep this intricate and delicate
balance between the three branches of the state.

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