Assertion (A) : Indian Constitution has not recognized the doctrine of separation of power in its absolute rigidity.
Reason (R) : Doctrine of separation of power accommodates a system of checks and balances.
Codes :
Analysis of Assertion (A)
The assertion states that the Indian Constitution does not recognize the doctrine of separation of powers in its absolute rigidity. This is correct. While the Indian Constitution establishes distinct legislative, executive, and judicial branches, it does not enforce a strict, rigid separation. There are overlaps and interdependencies, such as parliamentary control over the executive and judicial review of legislation.
Analysis of Reason (R)
The reason claims that the doctrine of separation of powers accommodates a system of checks and balances. This is also true. In practice, particularly in parliamentary systems like India's, the separation is functional rather than absolute. A system of checks and balances allows each branch to limit the powers of the others, ensuring accountability and preventing any single branch from becoming too dominant. This accommodation is essential for the practical functioning of the government.
Relationship between (A) and (R)
Reason (R) explains why Assertion (A) is true. The reason the Indian Constitution does not adhere to a rigid separation of powers (A) is precisely because it incorporates a system of checks and balances (R). These checks and balances inherently create interaction and interdependence between the branches, thus preventing absolute rigidity. Therefore, (R) is a correct explanation of (A).
Conclusion
Both the assertion (A) and the reason (R) are true statements. Furthermore, the existence of checks and balances (R) serves as the reason why the separation of powers is not rigidly applied in the Indian constitutional framework (A).
Important Questions from Administrative Law
- Match the LIST-I with LIST-II
LIST-I Jurists LIST-II Definition of Administrative Law A. Wade I. Administrative Law is the law relating to the administration. It determines the organization, powers and duties of administrative authorities. B. Garner II. Main object of administrative law is the operation and control of administrative authorities. C. Griffith & Street III. Rules recognized by the courts as law and which relate to and regulate the administration of government. D. Ivor Jennings IV. Law relating to the control of government power.
Choose the correct answer from the options given below: - United States Ombudsman Association was founded in which year?
- Which of the following statements are correct regarding the Doctrine of Legitimate Expectations?
A. The doctrine has an important place in the development of law of judicial review.
B. Doctrine is well established and operated in the domain of public law.
C. Doctrine has been developed both in the context of reasonableness and natural justice.
D. The concept of legitimate expectation made its first appearance in the case of Union of India v/s Hindustan Development Corpn.
Choose the correct answer from the options given below: - Match the LIST-I with LIST-II
LIST-I Principles of Natural Justice LIST-II Case laws A. Pecuniary Bias I. Gullapalli Nageswara Rao v/s A.P. SRTC B. Personal Bias II. Dimes v/s Grand Junction Canal C. Official Bias III. Mineral Development Ltd. v/s State of Bihar D. Judicial Obstinacy IV. State of W.B v/s Shivananda Pathak
Choose the correct answer from the options given below: - What is the US equivalent legislation of the Indian Right to Information Act, 2005?
