UNIT 6
DOCRTRINE OF SEPARATION OF POWERS AND THEIR
FUNCTIONING IN INDIA
INTRODUCTION
It is impossible for any of the organs to perform all the functions systematically and
appropriately.
So for the proper functioning of the powers, the powers are distributed among the
legislature, executive and judiciary.
SIGNIFICANCE
Whenever a large power is given in the hand of any administering authority there are
higher chances of maladministration, corruption and misuse of power.
MEANING OF SEPARATION OF POWERS
Person forming a part of an organ should not form the part of other organs.
One organ should not interfere with the functioning of the other organs.
One organ should not exercise the function belonging to another organ.
THE UNION PARLIAMENT
LOK SABHA
Composition
Maximum strength- 552
Representatives from state-530
Union territories- 20
Anglo- Indian community-2
Allotment based on population
ELECTIONS TO LOK SABHA
Members are elected by the citizen (18 yrs)
The whole country is divided into several territorial constituencies
Candidates are elected through a secret ballot
Elections are organized by the election commission of India.
Elections are contested by various political party
E.g. Indian national congress, Bharatiya Janata Party, Communist party of India etc.
Some candidates contest elections on their own. They are known as independents.
WHO CAN CONTEST ELECTIONS?
Elections are contested by various political party
E.g. Indian national congress, Bharatiya Janata Party, Communist party of India etc.
Some candidates contest elections on their own. They are known as independents.
QUALIFICATION FOR MEMBERSHIP
1. Should be an Indian citizen
2. Should be at least 25 years of age
3. Should have name in the electoral rolls
4. Should not be in debt and should have the ability to meet his financial commitments
5. Should not hold any office of profit under the government
6. Should not be a proclaimed criminal
7. Should not be of unsound mind
WHO FORMS THE GOVERNMENT
Leader of the political party or parties securing absolute majority in the lok sabha is
appointed by the president as prime minister
Prime minister prepares the list of members to be appointed as ministers and the president
appoint them
These ministers become heads of various government departments
This political party is known as the ruling party
The members of political party who are not ruling are called opposition
The members also elect a speaker and a deputy speaker
Speaker presides over the working of the lok sabha
The speaker maintains order and discipline and conducts business of the lok sabha
In his absence the deputy speaker does this work
PARLIAMENTARY PROCEDURES
SESSIONS- Each house shall meet at least twice a year and the interval between two
consecutive sessions shall be less than six months.
QUORUM- The minimum number of members
(10% of the total) required to be present in order
to enable the House to transact its business.
QUESTION HOUR- The first hour on every working day of the Lok Sabha is reserved
for questions. It usually starts at 11a.m
FUNCTIONS OF LOK SABHA
LEGISLATIVE FUNCTIONS
They pass bills and make laws.
Any bill regarding subjects in the Union or the Concurrent List of the Constitution may
be moved in this House
FINANCIAL POWERS
The House of People controls the treasury
No budget or government expenditure can be made without the permission of the House.
A money bill has to be moved only in the Lok Sabha
CONTROL OVER THE COUNCIL OF MINISTERS
The council of ministers is responsible to the Lok Sabha.
It may remain so in power only long as it enjoys the confidence of the Lok Sabha
THE RAJYA SABHA
The Rajya Sabha is the Upper House of Parliament. (Strength-245 members)
CHAIRMAN AND DEPUTY CHAIRMAN
The Vice-President of India is the ex-officio Chairman of the Rajya Sabha. He supervises
the proceedings of the Rajya Sabha and presides over its sessions
In his absence, the Deputy Chairman looks after the business of the Rajya Sabha.
He is elected from among the members of the Rajya Sabha by vote of the majority
QUALIFICATION
He/she must be a citizen of India.
He should not be less than 30 years of age.
He should be of sound mind.
He must not be insolvent, i.e., unable to pay his debts or fulfill financial commitments.
He should not be a government employee.
POWERS OF THE RAJYA SABHA
Rajya Sabha considers and approves non-money bills and suggests amendments to
money bills.
It approves constitutional amendments
Members of the Rajya Sabha participate in the election and removal of the President,
Vice President, Judges of the Supreme Court and the High Courts.
It controls over exercises by asking questions, introducing motions and resolutions.
It can give the Union Parliament power to make laws on matters included in the State
List.
POWERS AND FUNCTIONS OF THE PARLIAMENT
Law-Making Functions
It frames new laws and amends or cancel them if necessary
Control over the national finance
No money can be spent nor can be collected by way of taxes without approval of the
parliament
Control over the government
The government can be voted out of office by passing a vote of no confidence
against the prime minister or the ministry or any of it’s members
Electoral functions
Parliament elects the president and vice president of India
Judicial functions
Parliament can impeach the president, judge of the supreme court or high court in
case they are found to be violating the constitution or misusing their power and status
POWERS OF THE PRESIDENT
Executive powers
He appoints the Prime Minister and Union Ministers.
He appoints the State Governors, the Judges of the Supreme Court and the High Courts
He is the supreme commander of the Armed Forces.
All contracts with foreign countries are made in his name.
Legislative powers
The President can summon, prorogue or dissolve the Parliament.
He addresses a joint session of both the houses every year.
He nominates 12 members to the Rajya Sabha.
No bill passed by the Parliament can become a law without the President’s assent.
He issues orders when the Parliament is not in session.
A state of emergency is proclaimed in the name of the President and the union council of
ministers use the emergency powers of his name.
The president addresses the two homes jointly when they meet for the first time after a
General Election.
He also addresses the joint session of both the Houses at the beginning of every year.
Judicial powers
He is not answerable to any law court of the exercise of his powers, expect in case of
impeachment in Parliament.
He can pardon, remit or suspend a sentence of punishment given by a court martial or a
death sentence passed by the court.
Financial powers
The President causes the budget to be presented to the Parliament every year.
No money bill can be introduced without his prior approval.
He appoints the Finance Commission from time to time to determine the distribution of
taxes between the Union and the States.
EMERGENCY POWERS
The President can declare emergency if
The security of India is threatened by external aggression or internal rebellion
There is a breakdown of the Constitutional machinery in a state
The financial stability of the country is threatened.
THE PRIME MINISTER AND THE COUNCIL OF MINISTERS
ELIGIBILITY
A person to be appointed as a minister must be a member of either the Lok Sabha or the
Rajya Sabha.
But an outsider can be also be appointed as a minister for six months during which time
he/she must become an elected or nominated member of either house.
In case of failure to do so, he/she ceases to be a minister after the expiry of six months
from the date of his appointment.
FUNCTIONING
With the appointment of ministers, the council of ministers is formed.
The Prime Minister allots one or more departments to each minister.
This is known as allotment of portfolios.
The ministers are known by the portfolio they hold, for example, minister of defence,
minister of finance, etc.
The Prime Minister and the council of minister are directly responsible to the Lok Sabha
and can remain in office so long as they enjoy the majority support in the House of the
People.
All important decisions are taken by the cabinet ministers.
The decisions of the Cabinet are binding upon all other ministers.
POSITION OF THE PRIME MINISTER
The Prime Minister selects the other Ministers.
He distributes portfolios among them.
He presides over cabinet meetings and decides the business to be transacted at such
meetings.
The Prime Minister can also demand the resignation of any minister.
He reports to the President the decisions of the Cabinet and also advises the President on
proroguing (discontinue a session) or dissolving the Lok Sabha.
The Prime Minister can also expand his cabinet.
THE JUDICIARY
SUPREME COURT
QUALIFICATION OF THE SUPREME COURT JUDGES
He must be a citizen of India.
He should either be a distinguished jurist,
OR
He should have been a High Court Judge for at least 5 years,
OR
He should have been an advocate of a High Court for at least ten years.
POWERS OF THE SUPREME COURT
JUDICIAL FUNCTIONS
Original Jurisdiction: ‘Original jurisdiction’ means the authority to hear cases for the
first time.
All cases, where interpretation of the Constitution is required, can be directly filed in the
Supreme Court.
E.g. Disputes between the Centre and the States or between 2 or more States
Appellate Jurisdiction: The Supreme Court can only hear a case after it has gone through
the judicial hierarchy first, that is, the District court and the High court.
E.g. criminal cases and civil cases.
ADMINISTRATIVE FUNCTIONS
Advisory Functions: The President of India can seek the opinion of the Supreme Court
on any question of law.
He may refer the bill passed by the Parliament or State Legislature to the Supreme Court
for advise.
Court of Records: Apart from these, the Supreme Court acts as the Court of Records.
All the decisions and decrees, issued by the Supreme Court, are duly printed and kept in
record for future reference as well as for the use of lawyers
The courts are bound to give similar judgements in similar cases.
Judicial Review: The Supreme Court upholds the supremacy and sanctity of the
Constitution.
The Supreme Court declares a law null and void if parliament passes a law which is in
violation of the Constitution.
Guardian of Fundamental Rights: The Supreme Court acts to protect the Fundamental
Rights from being encroached upon by the state, a person or an institution.
THE HIGH COURTS
QUALIFICATIONS OF THE HIGH COURT JUDGES
He should be a citizen of India.
He should have worked as a judge in any court in India for not less than 10 years,
OR
He should have worked as an advocate in the High Court in India continuously for 10
years
OR
He should be a renowned scholar in the field of law.
The Chief Justice and the other judges of the High Court serve till they attain 62 years of
age.
POWERS OF THE HIGH COURT
Original Jurisdiction: Cases relating to Fundamental Rights, Divorce, wills and laws
relating to marriage can be brought directly to a High Court.
Appellate Jurisdiction: Appeals in civil and criminal cases are made to the High Court
against the decision of the subordinate courts.
The High Court supervises the functions of all the subordinate courts in the state.
It can transfer a case from a subordinate court to another subordinate court if necessary.
It can also examine their records.
SUBORDINATE COURTS
The courts at the district level and below it are known as the Subordinate Courts.
The administration of justice is conducted by 2 types of courts – Civil Courts and
Criminal Courts.
The Civil Courts are those which decide cases pertaining to money, contracts, laws etc.
CONCLUSION
For the smooth functioning of any government, cooperation and coordination among all
three wings of the government are necessary.
It is difficult to divide the functions of each organ on an accurate basis.
Strict separation of power is not followed in India like the American Constitution.
All three organs interfere with each other functions whenever necessary.
However, no organs are to take over the essential functions of other organs which is the
part of the basic structure.
