Beruflich Dokumente
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1. Do you think that constitution of India does not accept principle of strict separation of
powers rather it is based on the principle of checks and balances? Explain.
Approach:
Underlying theme: About principle of checks and balances.
Keyword: ‘Explain’: make (an idea or situation) clear to someone by describing it in more detail or
revealing relevant facts.
Introduction: Give a brief introduction on’ separation of powers’. Example: ‘Separation of powers’
is a constitutional principle that limits the powers vested in any person or institution. It divides
governmental authority into three branches: legislative (Parliament or Senate), executive (President or
Prime Minister and the Cabinet), and judiciary (Chief Justice and other judges).
Body: Give supporting arguments for the statement given in the question. Example: In India, we
follow a separation of functions and not of powers. And hence, we don’t abide by the principle in its
rigidity.
• Write more such statements and write some examples if possible to prove the statement.
Example: An example of it can be seen in the exercise of functions by the Cabinet ministers, who
exercise both legislative and executive functions.
• Art.74 (1) wins them an upper hand over the executive by making their aid and advice mandatory
for the formal head.
• The executive, thus, is derived from the legislature and is dependent on it, for its legitimacy, this
was the observation made by the Honble S.C. in Ram Jawaya vs. State of Punjab.
• Write more such statements and write about principle of checks and balances. Example: The
system of checks and balances is one of the most striking aspects of Indian constitutional
scheme.
• The three organs can practically not be segregated into three incontrovertible compartments due
to their interdependence on each other to ensure effective governance.
• They have to work in harmony and in consonance to attain a meaningful sustenance and
purposeful progress of inhabitants. Though, minimum infringement is always desirable.
• The aim of checks and balances is to safeguard that different branches of government control
each other internally (checks) and serve as counter weights to the power possessed by the other
branches (balances).
• The most noticeable example of a check is the power of the judiciary to appraise executive
conduct and ordinary laws for the compliance with the Constitution and the Bill of Rights.
• Write more such statements with more examples.
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