Indian constitution is based on the clear but delicate principle of limited separation of powers and responsibilities between different arms of Government, a precondition for smooth functioning of a government. But there are provisions and functioning where there are overlapping of functional areas. For example:
- Legislature- President is head but works on advice of CoM, impeachment of president by Legislature, Passing of contempt charges against non-members,Removal of judges.
- Executive- They are part of legislature itself, ordinances making power of executive, Delegated legislation to a name few.
- Judiciary- Judicial interference in rules formulation, legislation of bills in name of basic structure, constitutionality etc. In recent times Judicial Activism, Judicial Overreach can also be seen.
- Tribunals: Non judicial persons are appointed in tribunals to award charges. For instance, National Green Tribunal has mix of Judicial and Civilian officers. This lead to interference of Executive in Judiciary.
- Centre-State: Even though there is constitutional separation of powers under 7th schedule of constitution. Center can undertake state subjects for giving effect to International Treaties, if Rajya sabha passes a resolution on state subject, If two or more state requests, Governor’s discretionary power, Art 259 etc.
- All-India Service: India is the only federal country to have a bureaucracy, which is appointed and removed by Central government but work, draw salary and accountable to state government.
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