Seperation of power

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1. Legal Method PSDA Name – Ankit Nishchal Class –BA LLB 1st year section –A 2. “Power tends to corrupt and absolute power corrupts absolutely” - Lord Acton 3.…
  • 1. Legal Method PSDA Name – Ankit Nishchal Class –BA LLB 1st year section –A
  • 2. “Power tends to corrupt and absolute power corrupts absolutely” - Lord Acton
  • 3.  Separation of powers refers to the division of responsibilities into distinct branches to limit any one branch from exercising the core functions of another.  Legislature – Making , Modifying & Repealing law  Executive- Implementing laws  Judiciary – Adjudicating laws In India, separation of functions is followed and not of powers and hence, the principle is not abided in its rigidity.
  • 4. Horizontal seperation of power Vertical seperation of power Union states Local units Legislature Executive Judiciary Making laws Adjudication Implementation Seperation of power in india
  • 5. Legislatur e Executive Judiciary
  • 6.  The intent of separation of powers is to prevent the concentration of unchecked power and to provide for checks and balances to avoid autocracyor inefficiencies. All three branches have "checks and balances" over each other to maintain thebalance of power and not to exceed the constitutional limits
  • 7.  . The executive of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the republican idea of the separation of powers.
  • 8.  . Executive power in india Checks of executive over legislature Checks of executive over judiciary Scope of executive power
  • 9. Power Union State Vesting of executive power Article 52 & Article 53(1) Article 153 &154 Extent of executive power Article 73 Article 162 Conduct of bussiness Article 77 Article 166 President or governor not as a member of parliament or state legislature Article 59(1) Article 158(1) President’s power to consult supereme court Article 143(1) ...... Competent to frame rule regarding service Article 309 & 310 Article 309 & 310
  • 10. Check of executive over legislature Ordinace making power Power to address house Executive as a part of legislature Power to summon ,prorogue & dissolve Disqualificati on of member Appoinment of pm & cm Duty to furnish information Emergency power Interfarence in legislative procedure
  • 11. Power to grant pardon vest with the executive  Article 72The President shall have the power to grant pardons, reprieves, respites or remissions of punishment or to suspend, remit or commute the sentence of any person convicted of any offence  Article 161 the same power have confered to the Governor Immunity to the executive  Article 361 the president shall not answerable to any court for exercising and performance of the power .No criminal proceeding shall be instituted or continued against the president during his term of office Role of executive in appointment of judges  Article 124 judges of supreme court shall be appointed by president and judges of High Court also by the president as per Article 217
  • 12. Appointment of prime minister ,chief minister and other minster . Article 75(1) – Prime Minister shall be appointed by the president &the other minister shall be appointment by president on advice of Prime Minister.  The minister shall hold office during the pleasure of the president (Article 75 (2) ) Article 164 Chief Minister & other ministers shall be appointed by Governor . Duty to furnish information .  Duty to communicate all the decision of The council of minister; on Prime Minister to President and Chief Minister to Governor has been imposed; relating to the administration of the affair of Union and State respectively
  • 13. Power to summon , Prorogue & dissolve Article 85 (1) president has power to summon the session of Houses of Parliament .Again it is the President who has power to prorogue the session of Lok Sabha. President may dissolve Lok Sabha before the expiry of its term Article 85( 2) Article 174 (1) Governor has power to summon the session of state legislative assembly interference in Legislative procedure Article 111 Every bill pass by both House of Parliament is sent to the president for his assent and to become an Act Article 112 (1) Every year the president causes to be laid before both houses of Parliament the annual financial statement Article 200 Every Bill passed by state legislature required assent of governor to become an Act
  • 14. Power in relation to emergency  Article 356 confers power on the President to issue a proclamation of state emergency declaring that government in a state cannot be carried on in accordance with the provision of the constitution  Article 357 Parliament may confer on the president the power of the Legislature of the state to make laws Ordinance making power  Article 121 President of India has power to issue the ordinance to make law when the house of parliament is not in session ;which shall have the same force and effect as an Act of Parliament.  Article 213 the Governor of state has power to issue the ordinance when the state legislative assembly is not in session and it shall have the same force and effect as an act of state legislative assembly
  • 15. Decision on question as to disqualification of member  Article 103 (1) President has power to decide the question regarding the disqualification of member & his decision is final  Article 192 ( 1 )Governor has a power for deciding the question of disqualification of member of state legislative assembly power to address house  President may address either House of Parliament or both houses assembled together and for that purpose he may required the attendance of the member.  He may send messages to either House of Parliament with respect to a bill pending in the house as per Article 86
  • 16. The legislature performs an important role in the Governance of countries since it is law making body and its supposed to be a reflection of the common will of the people The Parliament of India is the supreme legislative body of the Republic of India. The Parliament is composed of the President of India and the houses. It is a bicameral legislature with two houses: the Rajya Sabha (Council of States) and the Lok Sabha(House of the People). .
  • 17.  . Legislature power in india Checks of legislature over Executive Checks of legislature over judiciary Scope of legislature power
  • 18. Title Union parliament State Legislative Assemblies Composition Article 79 Article 168 Function (Article 245 &246 ) legislative procedure has been dealt with under article 107 &108 Union list State list Framing Rules of procedure Article 118 Article 208
  • 19. Function (Article 245 and 246) Legislative procedure has been dealt with under Article 107 and 108 Parliament has exclusive power to legislate on matter enumerated in union list Article 248 states that Parliament has exclusive power to make any law with respect to any matter not enumerated in concurrent and state list Framing rules of procedure Each house of parliament may make rule for regulating its procedure and conduct of its business subjected to the provision of constitution Article 118 and similar provisions for state legislative assembly under the Article 208
  • 20. Role in election of president The President is elected by the members of an electoral college consisting of the elected members of both the Houses of Parliament and the elected members of the Legislative Assemblies of States and the Union Territories of Delhi and Pondicherry. Impeachment proceedings against president Article 61The president may also be removed before the expiry of the term through impeachment for violating the Constitution of India by the Parliament of India.
  • 21. Council of minister to aid and advice president Article 74( 1 ) provides that there shall be a Council of Ministers with the Prime Minister at the head to aid and advise the President in the exercise of his functions and he will act accordance to the advice President shall, "act in accordance with such advice". Article 163 There shall be a council of Ministers with the chief Minister at the head to aid and advise the Governor in the exercise of his functions Court not to enquire into proceeding of legislature Article 122 and 212 provide that court cannot call validity of any proceeding in parliament in question on the ground of any irregularity of procedure. similarly ,Article 212 provides that court should not enquiry into the proceeding of state legislature Parliamentary privileges Article 105 and 194 privileges are those rights without which it would be impossible for either House to maintain its independence of action or dignity of its position
  • 22. Adjudication of water dispute Article 262 Parliament may adjudicate any of dispute or compliant with respect to the use, distribution or control of water or, in any interstate river or river valley Role of Legislature in removal of judges Judges of SC can be remove by president on ground of Missbehaviour or incapacity only after he has been addressed to by both houses of parliament by a majority of total membership of that house and also by majority of not less than two third of members present and voting Article 124 (4) and Article 217 (1)
  • 23. The Judiciary is the organ of government which is responsible for enforcing the law of the country .  It safeguards the right of citizen and Secure law and order in country.  The Supreme Court of India is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.  Article 50 puts an obligation over state to have a seperation between executive and judiciary
  • 24.  . Judiciary power in india Checks of judiciary over legislature Checks of judiciary over executive Scope of judiciary power
  • 25. Clemency power Article 72 and 161 pardon power has to be exercise with the aid of justice and not in defiance of it. Though no words of limitation are indicated in Article 72 and 161 but the power is subjected to the Limited Judicial review on the ground of unfair and just and unreasonable procedure of dispose of Mercy petition Ordinance making power Ak Roy vs Union of India Air 1981 SC  SC held at Ordinance making power of president would be subjected to the tests of arbitrariness reasonableness and Public Interest In DC wadhava vs State of Bihar  Ordinance issued by President or Governor couldnot be kept alive by repromogulation .As this excersise of ordinance making power is a subversion of democratic process and colourable exersice of power
  • 26. Power to frame rules to regulate its proceedings Article 145 and Article 227 (2)(b) Supereme court can make rules for regulating generally the practice and procedure of the courts. Judicial review Although this term is not Specifically mention in constitution but Article 13 signifes the same , which state the if any law is voilating fundamental Rights of citizens it’s liable to be stuck down
  • 27. Kesavananda Bharati v. State of kerla.  The main question was whether the parliament had unrestricted amending powers due to article 368 over the constitution and how much could actually be amended. To this the judgement given by the supreme court held that the amending power of the parliament was subject to the basic structure of the Constitution, and any amendments which tampered with the basic structure would be unconstitutional .  In this judgement, the separation of powers doctrine was included in the basic structure of the constitution and thus any amendments which gave control of one organ over another would be unconstitutional, leaving the Executive, the Legislature and the Judiciary completely independent. It must be kept in mind though that in India the separation of powers doctrine is not followed extremely rigidly.
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