MM

MUTHUARASI MAIR 225· 2025

Question Q16GS2GS2

Why is it important to ensure separation of powers between various organs of the State? Also, explain the model of separation of power with relevant provisions in the constitution.

Open scan (p.38)

Introduction

Indian model of Separation of Power

6 words

Main Body

Idea of 'Separation of Power' was outlined by Montesquieu to prevent concentration of power with any organ of state. Importance - To Ensure Separation of Power: (1) To ensure Rule of law Ie No organ of state is above law (2) Idea of limited government based on constitutionality (3) To prevent tyranny of elected government (4) To ensure safeguard against misuse of power and to protect liberty and freedom of citizen (5) Preventing Authoritarianism and majoritarianism (6) Ensure domain of specialization - for each organ of state - legislature → lawmaking, executive → implementation

Judicial Appointment Impeachment - Support Majority, Quorum, Etc. Legislature → Executive → Judiciary (Dissolution, Judicial Review) Legislature - Prime role lawmaking: - Article 245 subject on which parliament can legislate Checks and Balance: i Through dissolution of locksmith by executives when parliament doesn't Reflect will of people. ii Ordinary power - A 1(2)3, 218 iii Judiciary role - Null and Void Under Article 13 - When laws inconsistent with Fundamental Right (Article 13) + Writ petition (Article 32 and 226) Executive to Implement laws and formulate policies delegated legislation - checks by other organ - legislature → No conclusive notion and Removal of government in power → Question Hour ensuring responsibility. Judiciary by Judicial Review and Basis structure doctrine - Judiciary's role to Protect Constitution and Validate constitutionality of law Checks and Balance - Legislature - Removal of judge and by increasing powers of court - Executive - Judicial appointment and Article 350 Separation of executive and judiciary The above checks and balance ensure equitable distribution of power among various organs preventing concentration of power.

— MUTHUARASI M · AIR 225

269 words1 paragraphs

Conclusion

The above checks and balance ensure equitable distribution of power among various organs preventing concentration of power.

17 words

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Topper

MUTHUARASI M

AIR 2252025

Subject & Paper

GS2GS2

Topic

Separation of Powers and Dispute Redressal Mechanisms

Separation of Powers

Separation of Powers

Writing Stats

292

Total words

1

Paragraphs

Linked PYQ

As a senior officer in the Ministry, you have access to important policy decisions and upcoming big announcements such as road construction projects before they are notified in the public domain. The Ministry is about to announce a mega road project for which the drawings are already in place. Sufficient care was taken by the planners to make use of the government land with the minimum land acquisition from private parties. The compensation rate for private parties was also finalized as per government rules. Care was also taken to minimize deforestation. Once the project is announced, it is expected that there will be a huge spurt in real estate prices in and around that area. Meanwhile, the Minister concerned insists that you realign the road in such a way that it comes closer to his 20-acre farmhouse. He also suggests that he would facilitate the purchase of a big plot of land in your wife’s name at the prevailing rate which is very nominal, in and around the proposed mega road project. He also tries to convince you by saying that there is no harm in it as he is buying the land legally. He even promises to supplement your savings in case you do not have sufficient funds to buy the land. However, by the act of realignment, a lot of agricultural lands has to be acquired, thereby causing a considerable financial burden on the government, and also the displacement of the farmers. As if this is not enough, it will involve cutting down of a large number of trees denuding the area of its green cover. Faced with this situation, what will you do? Critically examine various conflicts of interest and explain what your responsibilities are as a public servant.

20M2018Critically examine