Do you think that the Constitution of India does not accept the principle of strict separation of powers rather it is based on the principle of 'checks and balances'? Explain.

Separation of power refers to the division of the government responsibilities into distinct branches to limit any one branch from exercising the core functions of another, in order to prevent concentration of Power. Does not accept the principles in strict sense:

1. In the USA, there is a strict separation of power mentioned in Articles 1, 2 and 3 for Legislative, Executive and Judicial power respectively.

2. No democratic system exists with an absolute separation of power or absolute lack of separation of power.

3. In India, we can find separation of power in between Executive and Judiciary in Article 1950 but it is not strict as District magistrate has some Judicial powers too. Likewise, the Separation of Power between Legislature and Executive is fluid as seen in Anti Defection Law.

In the Raj Narain case, The Court held, A rigid separation of powers as under the American Constitution or under the Australian Constitution does not apply to India, as there is checks and balances like:

1. Legislature Controlling Judiciary: Impeachment and the removal of the judges. Power to amend laws declared ultra vires by the Court and revalidating it.

2. Legislature Controlling Executive: Through a no-confidence vote it can dissolve the Government.

3. Executive controlling Judiciary: Making appointments to the office of Chief Justice and other judges.

4. Executive Controlling Legislature: Powers under delegated legislation

5. Judicial Control on Executive: Through Judicial Review

6. Judicial control on Legislature: Parliament can amend the constitution only to the extent that it does not violate Basic structure.

The doctrine of separation of powers in today’s context of liberalisation, privatisation and globalisation cannot be interpreted to mean either ‘separation of powers’ or ‘checks and balance’ or ‘principles of restraint’, but ‘community of powers’ exercised in the spirit of cooperation by various organs of the state in the best interest of the people.