Application of Separation of Powers in India

Application of Separation of Powers in India APPLICATION OF SEPARATION OF POWERS IN INDIA Separation of powers in Indian context: Doctrine of separation of powers is structural rather than functional. In India not only there is a ‘functional overlapping’ but there is ‘personnel overlapping’ also. A proposal of incorporation of the doctrine of separation of powers was proposed in the constituent assembly and the Constitutional history of India exhibits that the framers of the Indian constitution had no sympathy with the doctrine. In India separation of powers has not been awarded a Constitutional status. The doctrine of separation of powers is a part of the doctrine of basic structure of the Indian constitution although it isnt explicitly noted in it and consequently, no law and amendment can be surpassed violating it. The functions of various organs of the state have been diligently defined by the makers of the constitution. Parliamentary form of governance is followed in India. In Indian Constitution it is expressly mentioned that the executive power of the Union and of a state is vested by the constitution in the President and the Governor, respectively by articles 53(1) and 154(1), but there is no corresponding provision vesting the legislative and judicial powers in any organ. So accordingly it has been held that there is no strict separation of powers. Although prima facie it appears that our constitution has based itself upon doctrine of separation of powers. The Indian constitution has not entirely incorporated the doctrine of separation of powers but has taken a lot from the concept and kept it as a guiding force. The theory of separation of power has just been used as a guiding principle to separate the powers only to that extent to which it alienates the organs of the government from each other. In India fusion and not rigidity of separation of power is followed. The legislature or the executive cannot interfere with the judicial functions of the judiciary as it is independent in its field. The conduct of any judge cannot be discussed in the Parliament as per the Constitution. The High Court and the Supreme Court has been given the power of judicial review and they can declare any law passed by the Parliament as unconstitutional. The judges of the Supreme Court are appointed by the President in consultation with Chief Justice Of India and the judges of the Supreme Court. The power to formulate Rules for efficient conduct of business vests with the Supreme Court. Article 50 of the Constitution puts an obligation over the state to take steps to separate the judiciary from the executive. But since it’s a Directive Principle of State Policy, therefore it’s unenforceable. In a similar way certain constitutional provisions provide powers, privileges and immunities to MP’s, immunity from judicial scrutiny into the proceedings of the house, etc. Such provisions are thereby making legislature independent, in a way. The President is conferred with the executive power as it is provided in the Constitution. The Constitution enumerates the powers and functions of the President. The President and the Governor are immune from civil and criminal liabilities. Separation of Power- Parliament Executive India, since it is a parliamentary form of government, therefore it is based upon intimate contact and close co-ordination among the legislative and executive wings. However, the executive power vests in the President but, in reality he is only the formal head and that, the real head is the Prime Minister along with his Council of Ministers. The reading of the article 74(1) makes it clear that the executive head has to act in accordance with the aid and advice given by the cabinet. Generally the legislature is the repository of the legislative power but, under some specified circumstances President is also empowered to exercise legislative functions. Like while issuing an ordinance, framing rules and regulations relating to public service matters, formulating law while proclamation of emergency is in force. These were some instances of the executive head becoming the repository of legislative functioning. President performs judicial functions also like while assenting to death senten ces. Separation of Power- Parliament Judiciary Parliament can also exercise judicial functions, like in the matter of the breach of its privilege. In case of impeaching the President both the houses take active participation and decide the charges. Judiciary also performs various administrative functions when it has to supervise all the subordinate courts below. It exercises legislative power also when it formulates the rules regarding their own procedure for the conduct and disposal of cases. Executive functions of the legislature The legislature is prone to perform the following executive functions: a special role is played by the legislature in the executive field, especially in the parliamentary form of government. As a matter of fact, the life of the executive in a cabinet form of government is totally dependent on the will of the legislature. It is the legislature which elects the executive from itself. After election, the executive has to be responsible to the legislature. If the legislature expresses its no-confidence in the executive, the latter must resign. Thus, from birth to its death, the executive is tied to the chariot-wheel of the legislature. Legislative functions of the executive The executive also performs some legislative functions as noted below: In a parliamentary system of government the chief executive like the Queen of England and the President of India summons and prorogues the legislature. The authority can dissolve the lower house and order for fresh elections. It is a practice in almost all the countries of the world to refer the bill passed by the legislature to the chief executive for approval. Unless the chief executive okays the bill, it cannot be law. The chief executive can withhold his assent which is called the veto power of the executive over the legislature. When the legislature is in recess, some urgent laws can be made by the chief executive by promulgating ordinances which will have the force of law. The life of an ordinance varies from state to state. It is a short-term measure. This is a direct legislative fiat of the executive. In a parliamentary form of government the executive has a mass of legislative spade-work. It is the executive that initiates a bill in the legislature. So in a cabinet government a minister initiates bills in the legislature. A bill sponsored by a private member has little scope of success in the absence of direct patronage from the ministers. Thus we find that the Prasar Bharati Bill to ensure autonomy to the All India Radio and the Doordarshan was piloted by the Minister for Information and broadcasting in the V. P. Singh Government. The executive makes what is called delegated legislation. The legislature cannot make the minutest details of all laws. It frames only the broad laws. The minor aspect of the legislation is done by the rule-making powers of the executive. These rules and regulations which have the same force as law is the exclusive legislative domain of the executive. The executive also shares the legislative functions of the nature of financial legislations like the budget and theFinance Act. In India, no money bill can be introduced in the legislature without the prior approval of the President. Thus all three organs act as a check and balance to each other and work in coordination and cooperation to make our parliamentary system of governance work. India being an extremely large and diverse country needs a system like this where all organs are responsible to each other as well as coordinated to each other, otherwise making governance possible becomes a very rigid and difficult task. JUDICIAL PRONOUNCEMENTS In Keshavanand Bharti case (1973), the Supreme Court held that the amending power of the Parliament is subject to the basic features of the constitution. So, any amendment violating the basic features will be held unconstitutional. This scheme cannot be altered by even resorting to Art.368 of the constitution. In Ram Jawaya v. Punjab (1955) case, the Supreme Court held up the observation that the executive is derived from the legislature and is dependent on it for its legitimacy. Cabinet ministers in India both executive and legislative functions. Art. 74(1) gives the upper hand to the cabinet ministers over the executive by making their aid and advice mandatory for the President, who is the formal head of the State. In Indira Nehri Gandhi v. Raj Narain (1975) case, the Supreme Court held that adjudication of a dispute is a judicial function and parliament cannot even under constitutional amending power is competent to exercise this function. In Swaran Singh case (1998) the Supreme Court declared the Governor’s pardon of a convict unconstitutional. In subsequent judgments, the Supreme Court upheld the rulings of the Keshavananda Bharti case regarding the non-amend ability of the basic features of the Constitution and strict adherence to the doctrine of separation of powers.

(GC Instrument Experiment) Determination of Ethanol Concentration in Lab Report - 1

(GC Instrument Experiment) Determination of Ethanol Concentration in Biological Fluids using Gas Chromatography - Lab Report Example the way it is been publicized by media and entertainment industry to this group of audience increases peer pressure and they end up consuming alcohol and drugs to a level that can be extremely dangerous for their health (Strasburger, 2010). The program aims to provide information about the disadvantages associated with consumption of alcohol and drugs. Although schools, parents and governments are trying to get the children as well as the adolescents to say no to drugs, there drugs and alcohol worth $25 billion are present in the market which are influencing them to say yes. This program aims to make the clients understand that the movies and television programs are using and promoting way too much substance use; however it is based on consumer’s own will power to not let them affect it. The program also aims to provide counseling to clients who are addicted to this unhealthy and destructive habit. We will be targeting the teenagers and adolescence ranging from the age of 12 to 18. This program will be launched in Washington DC only. The reason behind selecting this age group is because they easily get influence by anything that they find attractive, including drugs. The people belonging to this age group make the highest part of the television audience. This is the main reason why most of the television shows, movies and advertisements and made to target this age group. These teenagers form the age group that easily gets influenced by the drug and alcohol use being promoted by the media. Therefore it is important to target this age group and stop the use and abuse of alcohol and drugs among them. The purpose of this promotion is to increase the awareness of the program by different means and influence more and more suffering teenagers to come to us for counseling. The program is being funded by some non-profit organization and will therefore be free of cost. Another reason behind the promotion of this program is to collect funds and charities for spending on

My Favourite Place Essay Example | Topics and Well Written Essays - 1000 words

My Favourite Place - Essay Example There are several places which are usually quoted as the rivers source. The first of which is the Thames head, which is close to the village of Kemble. Another is Seven Springs, which is near where the Churn River rises. In addition, many rivers, canals and brooks all feed the Thames. As previously stated, the river is long and also very wide, and goes through many cities, towns and villages. Some of them are Oxford, Abingdon, Lechlade, Wallingford, Reading, Eton, Marlow, Staines, Windsor, Henly-on-Thames, Weybridge and Maidenhead. .Among its crossings are various places like the Thames Barrier, Thames Tunnel, Tower Bridge, London Bridge, Millennium Bridge and many more. Furthermore, you can see many magnificent buildings from the Thames, one of them being the Parliament. The long Thames combines together so many features, so many sights, and so many architectural wonders and important structures built near it, that it is virtually impossible not to fall in love with it. It provides so much entertainment and pleasure to all of those who walk beside it on its walkways. The Thames has a unique charm that is, in my opinion, unmatched by any other place. Just by walking along the river, or sailing in it, it is possible to sense the wonderful atmosphere of the river, which is almost magical. Firstly, there is the London Millennium Footbridge, which links the Bankside with the city. Around it you can find many important places, both art-wise and religious-wise. These include the Tate Modern, which is Britains national museum of international modern are, Bankside gallery, a notable art gallery, the famous Globe Theatre, and also St. Pauls Cathedral, an undoubtedly architectural wonder, as well as the place where the Bishop of London sits. Secondly, the entire area of Greenwich is, in my opinion, quite charming. Greenwich attracts a lot of tourists, being known as the location of the Greenwich Mean