The Indian Constitution does not embody a strict separation of powers rather it introduces a system of checks and balances, with overlapping powers and interdependencies among the legislature, executive and judiciary. Discuss.

The Indian Constitution unlike that of US, has a flexible separation of powers to ensure check & balance between organs. Overlapping of functions 1. Legislature encroaching into 1.1 Executive → By keeping a check through vote of no confidence, question hour, adjournment motion. 1.2 Judiciary → Impeachment of CJI, SC judges, President, veto President → Anti-defection law judgments by speaker. 2. Executive 2.1 Legislature → through Vellayanna guidelines, and guideline on cash publication. 2.2 Executive → Quasi judicial bodies like tribunals. 3. Executive 3.1 Legislature → through ordinances, delegated legislation, Tags [Titles]. 3.2 Judiciary → Magistrates in tribunals [CAT, SAT].

Hence, India's separation of power resounds stability will ensure check on powers through constitution-alism. Recent instances of trust erosion 1. Voice vote taken on important issues. → recently in RS, dispute demands for seller vote → voice vote was used for farm bill. 2. Suspension of 700 MPs from parliament session → undermines dignity & quality of debate. 3. Time given to opposition MPs was wanting.

— Ria Kaur Sethi · AIR 89