Q. With reference to the doctrine of Separation of Powers, which of the following statement(s) is/are correct?
Select the correct answer using the code given below:
Q. With reference to the doctrine of Separation of Powers, which of the following statement(s) is/are correct?
Select the correct answer using the code given below:
The correct option is A 1 only
Explanation:
Statement 1 is correct: The doctrine of Separation of Power was enunciated by Montesquieu in his work ‘Triaspolitika’, dealing with the manner of separation of powers among three organs of State i.e. Judiciary, Legislature, and Executive. It aims to ensure a balance between the powers of all three organs.
Statement 2 is incorrect: Indian Polity follows the Parliamentary System of governance based upon the Westminster Model. It does not follow strict Separation of Powers and there is an amalgamation of various functions. As discussed in the case of Ram Jawaya Kapur, all organs have certain overlaps such as the judicial organ can check any legislation violative of the Fundamental Rights of citizens under Article 13 but also under Article 142 forms guidelines in absence of any law. The Legislature forms laws but also performs judicial functions like impeachment and checks the judicial incapacity and excesses through the provision of removal. The President as head of Executive may pass an Ordinance under Article 123 when the Legislature is not in session.
Explanation:
Statement 1 is correct: The doctrine of Separation of Power was enunciated by Montesquieu in his work ‘Triaspolitika’, dealing with the manner of separation of powers among three organs of State i.e. Judiciary, Legislature, and Executive. It aims to ensure a balance between the powers of all three organs.
Statement 2 is incorrect: Indian Polity follows the Parliamentary System of governance based upon the Westminster Model. It does not follow strict Separation of Powers and there is an amalgamation of various functions. As discussed in the case of Ram Jawaya Kapur, all organs have certain overlaps such as the judicial organ can check any legislation violative of the Fundamental Rights of citizens under Article 13 but also under Article 142 forms guidelines in absence of any law. The Legislature forms laws but also performs judicial functions like impeachment and checks the judicial incapacity and excesses through the provision of removal. The President as head of Executive may pass an Ordinance under Article 123 when the Legislature is not in session.
