Q20.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 balance’?

The Indian Constitution does not strictly adhere to Montesquieu's doctrine of absolute separation of powers. Instead, it embraces a nuanced system based on 'checks and balances' to prevent the concentration and abuse of authority by any single organ of the state.

Why Strict Separation is Not Practiced

India's parliamentary system inherently involves an overlap, as the executive is drawn from and accountable to the legislature, unlike presidential systems.

Inter-Organ Checks and Balances

• Legislative Checks: Parliament controls the executive via no-confidence motions, budgetary approvals, and questions. It can also impeach judges.
• Executive Checks: The President exercises veto power over legislation and appoints judges. The executive also initiates policy and legislation.
• Judicial Checks: The Judiciary, through judicial review and the Basic Structure Doctrine, can declare laws unconstitutional and review executive actions, upholding constitutionalism.

This intricate system ensures accountability, safeguards fundamental rights, and maintains the delicate balance essential for a robust constitutional democracy in India.