DMPQ:Indian constitution in true sense do not follow the perfect separation of power. Do you agree with the statement. If Yes, Why?

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constitution is based on the clear but delicate principle of limited separation of powers and responsibilities between different arms of Government, a precondition for smooth functioning of a government. But there are provisions and functioning where there are overlapping of functional areas. For example:

• Legislature- President is head but works on advice of CoM, impeachment of president by Legislature, Passing of contempt charges against non-members,Removal of judges.

• Executive- They are part of legislature itself, ordinances making power of executive, Delegated legislation to a name few.

• Judiciary- Judicial interference in rules formulation, legislation of bills in name of basic structure, constitutionality etc. In recent times Judicial Activism, Judicial Overreach can also be seen.

• Tribunals: Non judicial persons are appointed in tribunals to award charges. For instance, National Green Tribunal has mix of Judicial and Civilian officers. This lead to interference of Executive in Judiciary.

• Centre-State: Even though there is constitutional separation of powers under 7th schedule of constitution. Center can undertake state subjects for giving effect to International Treaties, if Rajya sabha passes a resolution on state subject, If two or more state requests, Governor’s discretionary power, Art 259 etc.

• All-India Service: India is the only federal country to have a bureaucracy, which is appointed and removed by Central government but work, draw salary and accountable to state government.