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Model answer
Introduction:
The doctrine of Separation of Power refers to the model of governance where the executive, legislative and judicial powers are not concentrated in one body but instead divided into different branches. The degree of separation varies. ‘Strict separation’ implies branches are independent of each other. On the other hand, ‘checks and balances’ implies that reasonable checks and balances are in place to check misuse of power.
Articles in the Consitution facilitating Separation of Powers are as follows-
Article 50: State shall take steps to separate the judiciary from the executive.
Article 122 and 212: validity of proceedings in Parliament and the Legislatures cannot be called into question in any Court.
Article 121 and 211 of the Constitution: Judicialconduct of a Judge of the Supreme Court and the High Courts cannot be discussed in the Parliament andthe State Legislature.
Articles 53 and 154: executive power of the Union and the State shall be vested with the President and the Governor and they enjoy immunity from civil and criminal liability.
Article 361: the President or the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office.
How SOP in India is based on the principles of Checks and Balances:
Although prima facie it appears that the Constitution has based itself upon the doctrine of strict separation of powers. But, if studied carefully, it is clear that it is more inclined towards proper checks and balances.
The doctrine has not been awarded Constitutional status.
Secondly, the constitution divides power between the different branches of government – these are the ‘balances’. Balance aims to ensure that no individual or group of people in government is ‘all-powerful’. Power is shared and not concentrated in one branch.
It’s quite evident that the Constitution of India does not accept the principle of strict separation of powers. Though it appears dilatory of the doctrine of separation of powers, it is essential in order to enable a just and equitable functioning and close coordination.
Practice Question for today
Do you think that Constitution of India does not accept principle of strict separation of powers rather it is based on principle of checks and balances? Explain. (150 words)
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Model answer
Introduction : Panchayati Raj institutions were established in India by the 73rd constitutional amendment Act of 1993. It has often been Perceived as a significant landmark in the evolution of grassroot democracy in India.
Body
Importance of Panchayati Raj System- Panchayats help in realising the ideals of democracy by involving people in the decision making process.
- It plays an important role in identifying the local beneficiaries of various programmes like that of poverty elimination and family planning etc.
- PRIs help in implementation of various development programme like mass education and family planning etc.
- It helps in realising the Gandhi's ideals of making each village a republic of its own.
- Provision of mandatory 33% reservation to women help in participation of women in political arena.
Though, PRIs has been in the country for around 3 decades , there is only a limited succes attributed to it. Since panchayats greatly depends on the government grants, lack of financial autonomy is one of the lacunae of 73rd amendment act.
Souces other than Government grants for financing projects:-
- Panchayats has the power of raising revenue through local taxes, but in many cases the state's legislature's approval is necessary.
- Land revenue generated from the villages.
- Toll tax for the tolls present in the village, water tax etc.
Conclusion
However, panchayats greatly depends on government since the revenue it earns from the taxes is minimal. Panchayats play a pivotal role to make democracy reach grassroots. Thus it is the need of the hour to address the issue of financial autonomy with PRIs.
Official Telegram Channel by Sarkari Result SarkariResult.Com
Welcome to this official Channel of Sarkari Result SarkariResult.Com - On this page you will get all the updated information on Sarkari Result website from time to time.
Last updated 8 hours ago
👌Only Current Affairs English & Hindi Medium.
Contact @GKGSAdminBot
Channel Link- https://t.me/+wytqxfcVInNjN2E1
By Chandan Kr Sah
Email- ChandanKrSahIN@gmail.com
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Last updated 1 year, 1 month ago
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Last updated 1 year, 1 month ago