The United States Constitution enforces a rigid water-tight compartmentalisation of governance, whereas the Indian polity adopts functional overlap through Article 75, creating a distinct relationship between the executive and legislative branches.

Comparative Separation of Powers in India and USA

Practice of Separation of Powers: India vs. USA

1. India follows a fused model where the executive is part of and responsible to the legislature (Article 75).

   • Eg: The Public Accounts Committee briefing in July 2026 on C&AG tax reports.

2. In the USA, the President and Cabinet cannot be members of Congress, maintaining a non-overlapping personnel structure.

3. Indian courts review via "procedure established by law," while the US applies the broader "due process of law."

   • Eg: The SC's 2026 ruling in Adani Power v Union of India preventing executive overreach.

4. The US President holds a suspensive veto Congress can override, while the Indian President acts on Aid and Advice.

5. Both maintain independent judiciaries, but India’s Collegium system limits executive influence more than US Presidential appointments.

   • Eg: The Supreme Court (Number of Judges) Amendment Bill 2026 legislative role.

6. Indian Parliament scrutinises delegated legislation, while US courts strike down executive orders via the Non-delegation doctrine.

7. US Presidents face a political trial in the Senate, whereas Indian Prime Ministers lose power via No-Confidence Motion.

Comparison of Authority: Indian PM vs. US President

1. The PM derives power from a Parliamentary majority, while the US President has a direct popular mandate.

2. The Indian PM, as Leader of the House, directly initiates legislation like the Income Tax Act 2025.

3. The PM leads a Council of equals, whereas the US President appoints a subordinate "Kitchen Cabinet."

4. The US President has a fixed four-year term, but the Indian PM’s tenure depends on continuing legislative support.

5. The Indian PMO acts as a "nerve centre," coordinating federal ministries more directly than the US West Wing.

   • Eg: The PMO's 2026 reforms to remove laws via the Tribunals Reforms Act 2026.

6. The US President requires Senate confirmation for posts, while the Indian PM has near-absolute discretion in appointments.

7. The US President deals with sovereign states, whereas the Indian PM exercises control via the Unified Waqf Management Act 2025.

8. The Indian PM can advise the Proclamation of Emergency (Article 352), a power not explicitly available to the US President.

Incorporating Second Administrative Reforms Commission recommendations will enhance legislative oversight, ensuring that Article 74 functions to uphold the Rule of Law while navigating complex and evolving modern governance challenges.