Q. What is the primary objective of including the feature of Separation of Power in the Constitution of India?
Exp) Option c is the correct answer.
Option a is incorrect – Article 142 of the constitution provides that apex court might pass some orders or decrees as is necessary for doing complete justice in any case pending before it.
Option b is incorrect – Although the Separation of Power provides for Division of Labor and Functional Specialization, it isn’t the basic philosophy behind including the doctrine in the constitution.
Option c is correct – Separation of Power provides for checks and balances by each organ of the government on the other two. It prevents tyranny of the government. It ensures that justice done is free of any fear or favor.
Option d is incorrect – Separation of power rather provides the conditions for Checking and balancing the decisions of the other organs. Although it prevents encroachment of power by other organs, this isn’t the fundamental reason for its inclusion.
| Important Tips
The provisions of the Constitution that provide for separation of functions and powers between the three organs of Government are: • Articles 74 and 163 restrict the courts from inquiring into the advice tendered by the Council of Ministers to the President and the Governor. • Articles 122 and 212 restrict the courts from questioning the validity of proceedings in the Parliament and the Legislatures. • Articles 121 and 211 restrict the Parliament and the State Legislature from discussing the Judicial conduct of a judge of the Supreme Court and the High Courts unless the resolution of removal of the judge is under consideration. |
