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Question

Which of the following feature of the Indian Constitution does not allow the legislature and the executive to interfere in the work of the judiciary ?

The correct answer is
Separation of powers

Separation of Powers in Indian Governance

The question asks to identify the feature of the Indian Constitution that prevents the legislature and the executive from interfering with the functioning of the judiciary. This principle is fundamental to maintaining a system of checks and balances in a democracy.

Understanding the Principle

The core idea is that governmental power should be divided among different branches to prevent any single branch from becoming too powerful. This division helps safeguard citizens' rights and ensures accountability.

Analyzing the Options

  • Right to freedom and Right against exploitation are fundamental rights guaranteed to citizens under Part III of the Constitution. While crucial for individual liberty, they don't directly address the structural division of governmental powers.
  • Federalism refers to the division of powers between the central government and state governments. It's about vertical distribution of power, not the horizontal distribution among branches of government.
  • Separation of powers is the principle that divides governmental responsibilities into distinct branches to limit any one branch from exercising the core functions of another. The intent is to prevent concentration of power and provide system checks and balances.

The Role of Separation of Powers

The doctrine of Separation of Powers, as implemented in the Indian Constitution, assigns distinct functions to:

  • Legislature: Primarily responsible for making laws.
  • Executive: Responsible for implementing and enforcing laws.
  • Judiciary: Responsible for interpreting laws and administering justice.

While the Indian Constitution doesn't strictly adhere to the rigid separation of powers as seen in the US system (due to overlapping functions, like the executive often being part of the legislature), it strongly embodies the principle of separation of powers to ensure judicial independence. This means the legislature (Parliament/State Assemblies) and the executive (President/Prime Minister/Ministers) are generally barred from interfering in the judicial functions like deciding cases or interpreting the Constitution. Similarly, the judiciary can review laws and actions of the other two branches to ensure they are constitutional.

Conclusion

Therefore, the feature that ensures the legislature and the executive do not interfere in the work of the judiciary is the principle of Separation of Powers. This separation is vital for the judiciary to function impartially and uphold the rule of law.

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Important Questions from Basics of Constitution

  1. Which article of Indian constitution is related with Official language of the Union?

  2. In which year was the Indian ‘Wildlife (Protection) Act’ implemented?

  3. Which article of the Indian constitution was called the 'heart and soul' of the constitution by Dr. B. R. Ambedkar?

  4. In 1946, who among the following was made the interim president of the Indian Constituent Assembly ?

  5. Who was the Chairman of the Drafting Committee of the Constituent Assembly of India?

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