Test: Separation of Powers - 1 - Humanities/Arts MCQ

The concept of separation of powers requires that the powers of the government should be divided into three independent and distinct organs - the Legislature, Judiciary, and Executive. This is done to ensure that each organ exercises its powers within its own sphere and does not encroach upon or interfere with the powers and independence of other organs of the government.

Montesquieu developed the doctrine of separation of powers to promote democracy and political liberty of individuals. He saw the oppressive and despotic rule of French King Louis XIV, who enjoyed absolute powers of State and suppressed the liberty of the people. During his visit to England, he was impressed with the sense of liberty and freedom enjoyed by the citizens and examined the separation of powers of the government in England. His doctrine of separation of powers became the model for governance of all democracies.
 

The first option, Rousseau, is incorrect because Rousseau's theory emphasizes on social contract theory and direct democracy. The second option, Locke, is incorrect because Locke's theory is based on natural law, property rights, and the consent of the governed. The third option, Montesquieu, is correct because he proposed the theory of separation of powers. The fourth option, Voltaire, is incorrect because Voltaire's theory emphasizes on freedom of speech and religious tolerance.

Montesquieu is credited with the origin of the concept of check and balances. This concept provides a system-based regulation that allows one branch to limit another.

To limit the absolute powers of the ruler in France. Explanation: Montesquieu developed the theory of Separation of Powers as a means of limiting the absolute powers of the ruler in France. The theory aimed at protecting the freedom of individuals from the tyrannical rule of absolute monarchy.

Extreme separation of powers prevents the unity and coordination needed to administer the legally expressed will of the State. Explanation: Extreme separation of powers prevents the unity and coordination needed to administer the legally expressed will of the State. Extreme checks and balances create frictions and dead-locks that prevent smooth and efficient government.

The Supreme Court has the power of judicial review and can declare null and void any laws or executive orders that contravene the provisions of the U.S. Constitution.

The Constitution of India has not adopted the doctrine of separation of powers in its strict sense.

The Judiciary in India interprets the Constitution, scrutinizes legislations and administrative processes to assess their conformity with the Constitution, provides remedies for enforcement of Fundamental Rights, lays down procedures for the dispensation of justice, supervises, administers and controls the subordinate judiciary, and performs an administrative function.

Article 246 of the Indian Constitution provides for the powers and functions of the legislature. The matters are listed in Schedule VII of the Constitution under Union List, State List, and the Concurrent List.