The Indian Constitution does not follow the doctrine of separation of powers in its strictest sense; instead, it adopts a model based on 'checks and balances'. Elucidate.

The Indian Constitution is sui generis that unlike USA, did not adopt strict separation of powers rather adopted a model of checks and balance. Separation of Powers: → Article 49 → Legislature → Article 109-114 → Functioning of legislature → Article 50 → Separation of executive from judiciary → Article 44 read with Article 53 → Talk about Council of Ministers and President → the executive → Article 121/211 → The conduct of judges cannot be discussed in parliament. But Indian Constitution has certain functional overlap along with mechanisms to ensure checks and balances to ensure that no organ establishes its tyranny thereby establishing the democracy in its true sense.

Functional overlap: A legislature & executive: Every minister is an MP, delegated legislation, Presidential assent to the bills → executive & judiciary: Tribunals, pardoning powers of President (Article 47), judicial activism → legislature & judiciary: Parliament's setting number of judges in Supreme Court, impeachment of judges Checks & Balances: (1) Legislature checking executive: → Question hour, use of parliamentary committees, No-confidence motion, adjournment motion, ensure motion all are used to ensure executive is in check. (2) Executive checking legislature: → President's veto power, dissolution, summon or prorogation of house by the President. (3) Judiciary checking executive: → President determining number of judges in High court, court, removal of judges. (4) Judiciary checking legislature: → Parliament setting number of judges in Supreme Court, impeachment of judges (5) Judiciary checking legislature: → Article 13, basic structure doctrine, due process of law, judicial review and judicial activism.

— NANCY SINGH · AIR 34