Subject: Indian Polity

Answer:

The Indian Constitution's architects envisioned a governance framework that promotes cooperation rather than strict separation between different organs of the state. This approach is evident from the landmark judgment in Ram Jawaya Kapoor v. State of Punjab (1955), which emphasized that India follows a functional distribution of powers rather than a rigid separation.

Evidence of Overlapping Powers

• Legislative-Executive Fusion:

  • The Council of Ministers is drawn from the legislature and is collectively responsible to the Lok Sabha.
  • The President, as head of the executive, is an integral part of Parliament and has legislative powers through ordinance-making under Article 123.

• Executive-Judiciary Interface:

  • The President appoints judges in consultation with the judiciary through the Collegium System.
  • The executive has powers to grant pardons and remissions under Article 72.

• Legislative-Judiciary Interaction:

  • Parliament can amend laws declared unconstitutional by courts through Article 368.
  • The judiciary can strike down laws through Judicial Review.

System of Checks and Balances

• Legislative Checks:

  • Parliament exercises control over executive through Question Hour, No-Confidence Motions, and Parliamentary Committees.
  • Budget approval and financial oversight through Article 265.

• Judicial Checks:

  • The doctrine of Basic Structure established in Kesavananda Bharati case (1973) limits Parliament's amending powers.
  • Courts can review administrative actions through Writs under Article 32 and 226.

• Executive Checks:

  • President's power to return bills for reconsideration.
  • Authority to declare emergency under Article 352.

Contemporary Challenges

• Recent debates highlight concerns about:
  • Growing executive dominance affecting legislative scrutiny.
  • Questions about the independence of constitutional bodies like the Election Commission of India.
  • Need for strengthening parliamentary oversight mechanisms.

The Indian constitutional framework, as reinforced by the Supreme Court in Indira Nehru Gandhi v. Raj Narain, embraces a balanced approach where powers are distributed yet interconnected. This system of checks and balances ensures accountability while preventing concentration of power, making it more suitable for India's democratic fabric than strict separation. The success of this model depends on maintaining the delicate equilibrium between cooperation and control among the three branches of government.