If the Executive is part of the Legislature, how do we say that there is separation of power? Class 8

If the Executive is part of the Legislature, how do we say that there is separation of power? Class 8

If the Executive is part of the Legislature, how do we say that there is separation of power? (Hint: revisit the section on legislature above) (Page 152) Class 8

Answer:

India follows the parliamentary system in which the executive (Prime Minister and Council of Ministers) is drawn from and is a part of the legislature (Parliament). At first glance, it looks like there is 'no separation of powers' because the same people are in both the executive and legislative branches. However, the Constitution does provide for a separation of powers in the following ways:

1. Distinct Functions: While the executive (Government) implements laws and runs the country, the legislature (Parliament) makes laws, debates national issues and holds the government accountable. Each has its own well-defined area of work.
2. Checks and Balances: The executive is answerable to the legislature. Parliament can question, scrutinize and dismiss the (eg. through a vote of no-confidence).
3. Collective Decision-making: Even though ministers are both lawmakers and government officials, they cannot act outside the law or without Parliament's approval (for budgets, new laws) etc.
4. Independent Judiciary: Besides, there is also a third branch-the judiciary-which is fully independent and can review actions of both the executive and the legislature to ensure they act within the Constitution.