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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 balance’? Explain.

SoP is derived from Montesquieu’s Spirit of Laws (1748) – dividing state power into Legislature, Executive, Judiciary to prevent concentration and arbitrariness.

Separation of Powers in the Constitution

Article 50 – Separation of executive and judiciary (Directive Principle).

Articles 122 & 212 – Courts not to question proceedings of Parliament and State Legislatures.

Articles 121 & 211 – Conduct of judges cannot be discussed in Parliament or State Legislatures (except during impeachment).

Article 361 – President and Governors enjoy immunity; not answerable to courts for exercise of powers and duties.

However, Strict Separation Does Not Exist due to

Legislature & Executive Overlap – Executive is drawn from the legislature (Art. 74 & 75; Art. 163 & 164).

Delegated Legislation – Legislature delegates rule-making powers to executive authorities.

Judicial Functions of Legislature in cases of breach of privilege or impeachment of judges.

Judicial Functions of Executivepardons and commutations (Art. 72 & 161) by President and Governors.

Checks and Balances in Practice

Judicial Review – Judiciary can strike down unconstitutional laws and executive actions. Eg – NJAC Judgment.

Legislative Control over Executive via questions, motions, and no-confidence votes.

Executive’s Role in appointment of judges through the collegium system consultation.

Judiciary review of laws for conformity with Fundamental Rights and Basic Structure. Eg – Indira Gandhi v. Raj Narain (1975).

Legislative control over judiciary – Eg- 2018 Amendments to Atrocities Act, Impeachment Motions

“Power corrupts, and absolute power corrupts absolutely.” – Lord Acton
Thus, checks and balances are essential to prevent tyranny and preserve democracy.