Separation of Powers Between Various Organs

The principle of separation of powers is a cornerstone of democratic governance and aims to prevent the concentration of power by dividing governmental responsibilities among different branches. In India, the Constitution clearly demarcates the functions of the Legislature, Executive, and Judiciary, ensuring a system of checks and balances.

1. Legislature

• Functions:
  • Law-making: Enacts laws for the country.
  • Representation: Represents the will of the people.
  • Oversight: Supervises the activities of the Executive through various committees.
  • Budgetary Functions: Controls public expenditure by approving budgets and financial bills.

2. Executive

• Functions:
  • Policy Formulation and Implementation: Executes laws and policies framed by the Legislature.
  • Administration: Manages the day-to-day affairs of the government.
  • Defence and Foreign Affairs: Responsible for national defense and international relations.
  • Enforcement of Law: Ensures compliance with laws and maintains public order.

3. Judiciary

• Functions:
  • Interpretation of Laws: Interprets and ensures the application of laws.
  • Judicial Review: Reviews the constitutionality of laws and executive actions.
  • Adjudication: Resolves disputes between individuals, and between individuals and the state.
  • Protection of Rights: Safeguards fundamental rights of citizens.

Dispute Redressal Mechanisms and Institutions

Disputes between the organs of government, as well as within the society, are addressed through various mechanisms and institutions:

1. Judicial Review and Courts

• Supreme Court:
  • The apex court in India with the power to adjudicate disputes involving the constitutionality of laws and actions.
  • Can resolve disputes between the central and state governments and between states.
• High Courts:
  • Have jurisdiction over their respective states and can exercise powers of judicial review.
  • Can handle disputes involving state legislation and executive actions.
• Lower Courts:
  • Handle civil and criminal cases at the district and sub-district levels.

2. Tribunals

• Administrative Tribunals:
  • Specialized bodies to handle disputes related to public service, taxation, and other administrative issues.
  • Examples include the Central Administrative Tribunal (CAT) and Income Tax Appellate Tribunal (ITAT).
• National Green Tribunal (NGT):
  • Focuses on cases related to environmental protection and conservation of forests and natural resources.

3. Constitutional Bodies

• Election Commission of India:
  • Ensures free and fair elections and addresses electoral disputes.
• Finance Commission:
  • Resolves disputes related to financial distribution between the central and state governments.
• Comptroller and Auditor General (CAG):
  • Audits government expenditure and addresses financial discrepancies.

4. Alternative Dispute Resolution (ADR)

• Arbitration:
  • A private dispute resolution process where parties agree to be bound by the decision of an arbitrator.
• Mediation and Conciliation:
  • Involves a neutral third party helping disputants to reach a mutually acceptable solution.
• Lok Adalats:
  • People's courts that provide an informal, expeditious, and cost-effective forum for resolving disputes.

Checks and Balances

The Indian Constitution ensures that no single branch of government becomes too powerful by implementing a system of checks and balances:

1. 1. Legislature over Executive:
   • The Parliament can hold the Executive accountable through questions, debates, and motions of no-confidence.
   • The Legislature controls the Executive's budgetary powers.
2. 2. Executive over Legislature:
   • The President can summon or dissolve the Parliament.
   • The Executive can issue ordinances when Parliament is not in session (subject to later approval by the Parliament).
3. 3. Judiciary over Legislature and Executive:
   • The Judiciary can invalidate unconstitutional laws and executive actions.
   • The Supreme Court and High Courts can enforce fundamental rights against legislative and executive actions.
4. 4. Legislature over Judiciary:
   • The Legislature can amend the Constitution (subject to the basic structure doctrine).
   • Parliamentary laws can set parameters for judicial functioning, though they cannot curtail judicial independence.
5. 5. Executive over Judiciary:
   • The President appoints judges of the Supreme Court and High Courts (on the advice of the collegium system).
   • The Executive implements judicial decisions.