Q.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.

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Articles of the Constitution Ensuring Separation of Powers

graph TD
    A["Separation of Powers"] --> B["Legislative Autonomy<br>Articles 121 & 211<br>Articles 122 & 212"]
    A --> C["Executive Independence<br>Article 361<br>Articles 53 & 154"]
    A --> D["Judiciary and Executive<br>Article 50"]

• Article 50: Directs the State to take measures to separate the judiciary from the executive, thereby securing judicial independence.
• Articles 122 and 212: Protect the validity of proceedings in Parliament and State Legislatures from being questioned in any court of law.
• Articles 121 and 211: Restrict the discussion of the judicial conduct of Supreme Court and High Court judges within Parliament and State Legislatures.
• Articles 53 and 154: Vest executive power of the Union and States in the President and Governor respectively, granting them immunity from civil and criminal liabilities.
• Article 361: Ensures that the President or Governor is not answerable to any court for the exercise and performance of their official duties.

Checks and Balances on Different Organs

The Indian Constitution establishes a system of checks and balances to prevent the concentration and misuse of power:

1. Checks on the Executive

• Legislative Oversight: Instruments like the No-Confidence Motion, Question Hour, Calling Attention Motion, and Censure Motion hold the government accountable to Parliament.
• Judicial Review: Under Articles 13, 32, and 226, the judiciary can strike down arbitrary executive actions (e.g., the Supreme Court's stay on the cattle slaughter notification).
• Statutory Compliance: Executive actions must align with constitutional limits. Legislative amendments, such as the revision of the Benami Transactions Act in 2016, correct ineffective executive frameworks.

2. Checks on the Legislature

• Office of Profit: Under Article 102, legislators are barred from holding offices of profit, preventing conflicts of interest (e.g., Delhi High Court striking down the appointment of parliamentary secretaries).
• Judicial Scrutiny of Laws: The judiciary can invalidate unconstitutional laws using judicial review (e.g., striking down Section 66A of the IT Act to protect free speech).
• Conduct Restrictions: Parliament is barred from discussing the conduct of judges except during impeachment proceedings.

3. Checks on the Judiciary

• Removal of Judges: Judges can be impeached by Parliament through a special majority in both houses for proven misbehaviour or incapacity (e.g., the attempt to remove Justice Soumitra Sen).
• Judicial Appointments: The executive plays a role in the appointment process, requiring concurrence following recommendations by the judicial collegium.