Separation of powers is a fundamental principle of Indian polity that ensures the distribution of powers among the three branches of government- the legislature, the executive, and the judiciary. This principle is essential to safeguard individual liberty and prevent the concentration of power in any one branch.
Resorting to ordinances has always raised concern on violation of the spirit of separation of powers doctrine. While noting the rationales justifying the power to promulgate ordinances, analyze whether the decisions of the Supreme Court on the issue have further facilitated resorting to this power. Should the power to promulgate ordinances be repealed? (UPSC 2015, 13 Marks, )
View AnswerThe power to promulgate ordinances in India has always been a subject of concern due to its potential violation of the spirit of the separation of powers doctrine. While there are justifications for this power, it is important to analyze whether the decisions of the Supreme Court have further facilitated resorting to this power.
The Constitution of India, as the supreme law of the land, plays a crucial role in shaping the functioning of the Indian polity. One of the key aspects of any democratic system is the separation of powers, which ensures that the three branches of government- the legislature, executive, and judiciary- operate independently. However as per my Opinion, the Indian Constitution does not strictly adhere to the principle of strict separation of powers.
The doctrine of separation of powers is a fundamental principle in the Indian Constitution, which aims to ensure a system of checks and balances among the three branches of government- the legislature, the executive, and the judiciary. Judicial legislation, or the act of the judiciary making laws, goes against this principle as it encroaches upon the domain of the legislature.