separation of powers

Topics: Separation of powers, India, Lok Sabha Pages: 12 (4098 words) Published: December 20, 2013


SEPARATION
OF
POWERS IN
INDIA

Name: Navya Chopra
Roll no.: 42
Section: B
ACKNOWLEDGMENT

I am glad to present the project on “The Separation of Powers in India”. This project would not have been completed without the support of my family and friends who encouraged and challenged me throughout. Who shared and exchanged ideas for the completion of the project. They never accepted less than my best effort. I would also like to acknowledge and extend my heartfelt gratitude to my teacher Mr. Subradipta Sarkar for his guidance throughout. Also most specially to my parents, what I owe them for their encouragement and whose patient love enabled me to collect and write the information. INDEX

1. Introduction 2. Legislative The President The Rajya Sabha

The Lok Sabha
3. Executive
The President
The Vice President
The Council of Ministers
The Governor
The Attorney General of India
4. Judiciary
The Supreme Court
High Courts
5. Conclusion
6. Bibliography

INTRODUCTION

The separation of powers is a constitutional principle that deals with the mutual relations among the three organs of the government, namely, legislature, executive and judiciary. The legislative organ of the state makes laws, the executive enforces them and the judiciary applies them to the specific cases arising out of the breach of law.1 Each organ while performing its activities tends to interfere in the sphere of working of another functionary because a strict demarcation of functions is not possible in their dealings with the general public. Thus, even when acting in ambit of their own power, overlapping functions tend to appear amongst these organs. With the separation of powers, it is more accurate to speak of a system of checks and balances which ensures that powers are not abused. The fundamental purpose of the separation of powers is to avoid the abuse of power and thereby to protect the rights and liberties of citizens. The concept itself is of great antiquity and can be attributed to Aristotle (384–322 BC); However, the clearest exposition of the doctrine can be found in the French writer Charles Louis de Montesquieu’s De l’esprit des Lois (1748). In essence, Montesquieu states that the three organs of government – the executive, legislature and judiciary – should each have a discrete and defined area of power and that there should be a clear demarcation of functions between them: this is true ‘separation of powers’.2

CHAPTER 1:
LEGISLATURE

Legislature is not merely a law making body. Lawmaking is but one of the functions of the legislature. It is the center of all democratic political process. A genuine democracy is inconceivable without a representative, efficient and effective legislature. The legislature also helps people in holding the representatives accountable.3 The Indian Parliament is representative of the democratic set up of the country. The apex legislative body in India is the Parliament of the country.4 The parliament of India is the magnificent manifestation of the democratic ethos of our country. As the national legislature and repository of the constituent powers of the Union, it occupies a central position in our democratic polity. The parliament of India has three constituents, namely, The President of India, The Rajya Sabha (The council of states) and the Lok Sabha(The house of the people).5 The president of india is the constitutional head of the executive and can summon or dissolve either of the Houses of the Parliament. The Parliament of the country also runs on the principles set by the Indian Constitution, which came into force on 26th January, 1950. A bicameral parliamentary system is followed in the country. A bicameral legislature makes it possible to have...
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