Violation of Separation of Powers

Violation of separation of powers

The topic Violation of separation of powers become more important after the Supreme Court (SC) has stayed the implementation of farm laws. The decision is a case of violation of the separation of powers.  The Supreme Court (SC) has stayed the implementation of three farm laws until further orders.  It has also given direction to set up a four-member committee to break the deadlock between farmers and the Centre. Many experts opine that by this judgment the Supreme Court has encroached into political and administrative management without any legal basis and seen as a violation of the separation of powers. 

Some negative implications of the recent Supreme Court decision?

The court’s actions regarding the farm laws and protests have been critiqued by legal and constitutional scholars on multiple grounds.

First, the lack of legal basis sets a dangerous precedent.

Second, the court has neglected its main constitutional function of independent judicial review.

Third, even those who, unlike me, support judicial interventions in policy, have critiqued the lack of representation from all the parties.

Check and Balance Theory to separation of powers

Indian constitution also provides for a Check and Balance theory which is an internal control mechanism in which to avoid mistakes, error and fraud in the output. These are commonly used in the accounting and finance since this the common grounds for errors and fraud. For instance, in the hiring process the administrative staff is the one preparing the background checks and performs related duties in the hiring of the people. Let’s see the process-

Judicial Control over Legislature

Article 13: This section talks about the Judicial Review, under this judicial review the laws made by the legislature and this process is known as judicial review.

• Article 145: Under this Article, Supreme Court has right to make law for regulating its own procedure.

Judicial Control over Executive

• Article 32: Under this Article, one can file writ directly to the Supreme court in case some fundamental rights are infringed.
• Article 226: Under this Article, one can file writ in the High court directly if any fundamental rights are violated.

Legislative Control over Executive

• Article 61: Under this Article, the procedure for impeachment of president is mentioned. If president violates any constitutional provision, then parliament has the power to impeach the president.
• Article 75: Clause 5 of this Article, talks that the council of ministers are collectively responsible for the House of People.
• Article 352: Under this Article, the parliament passes a resolution for passing the National Emergency.
• Article 123: Parliament passes an ordinance, under this Article president has rights to make ordinance when the parliament is not in session.

Legislative Control over Judiciary:

• Article 124: Under this Article, it discussed about the establishment of Supreme court and Removal of Judges. Legislature has the right to making laws for regulating on how the court will proceed.

Executive Control over Legislative and Judiciary

• Article 111: When bill is passed by both the houses of Parliament it have the President's (Executive body) consent. President has three powers, i.e, to give his consent, to withhold his consent, to return the bill.
• Article 103: Disqualification and removal of member of parliament. President can remove on the grounds of violation of power. President removes them by taking opinion of the election commission.