If the Executive is part of the Legislature, how do we say that there is separation of power?
In India's Parliamentary system, there is a fusion rather than complete separation between the Executive and Legislature, but separation of powers still exists in important ways.
The Executive (Council of Ministers) is drawn from the Legislature, which creates accountability as the Executive must answer to the Legislature.
However, separation exists because the Judiciary is completely independent of both the Executive and Legislature.
The Legislature has distinct functions of lawmaking, oversight, and financial approval that the Executive cannot override.
The President, as nominal head of Executive, has certain discretionary powers.
The Legislature can remove the Executive through a vote of no-confidence, showing the Legislature's supremacy in certain matters.
The system of checks and balances ensures that even with overlap, no single organ becomes too powerful.
Explanation
The chapter explains that the Council of Ministers is chosen from among the MPs of both houses of Parliament and is collectively responsible to the Lok Sabha. The chapter also discusses the separation of powers between the Legislature, Executive, and Judiciary, and how checks and balances ensure that no one organ becomes too powerful. The Judiciary checks both the Legislature and Executive to ensure they operate within Constitutional limits.
Solution Steps
India's Parliamentary system features a fusion of the Executive and Legislature rather than a complete separation.
The Executive (Council of Ministers) is drawn from the Legislature and is accountable to it.
Separation of powers is maintained as the Judiciary is completely independent of the Executive and Legislature.
The Legislature retains distinct functions of lawmaking, oversight, and financial approval.
The President holds discretionary powers as the nominal head of the Executive.
The Legislature holds the power to remove the Executive through a vote of no-confidence.
A system of checks and balances prevents any single organ from becoming too powerful.