In-Depth: Relationship between Executive, Judiciary & Legislature | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

In-Depth: Relationship between Executive, Judiciary & Legislature

Why in News?

Recently, Constitution Day was observed, highlighting the significance of the Indian Constitution. One of its essential provisions, the separation of powers, is critical in managing the relationships between the Executive, Judiciary, and Legislature in India.

What are the Three Branches of Government in India?

Legislature

• The Legislature is responsible for creating, amending, and repealing laws to govern the country. 
• It also represents the people's will, ensuring public concerns are incorporated into national policies.

Composition and Election:

• The Lok Sabha (House of the People) consists of representatives directly elected by Indian citizens through general elections held under universal adult suffrage (Article 81).
• The Rajya Sabha (Council of States) comprises members elected by the legislative assemblies of states and union territories (Article 80), preserving India’s federal structure by providing states a voice in national matters.
• Parliament functions are governed by Articles 79–123, outlining its powers, privileges, and responsibilities to ensure constitutional compliance.

Executive

• The Executive is tasked with implementing laws, formulating policies, and managing the government's daily operations. 
• It is pivotal in maintaining law and order, executing welfare programs, and enforcing legislative directives.

Appointment

• The President of India, as the head of the Executive, is elected by an electoral college composed of elected members from Parliament and state legislatures (Articles 52–54).
• The Prime Minister, who heads the Council of Ministers, is appointed by the President under Article 75, based on the majority party or coalition in the Lok Sabha.
• The 91st Constitutional Amendment Act, 2003 restricts the number of ministers in both Union and State governments to 15% of the respective legislative bodies.
• The Prime Minister is responsible for advising the President on the appointment of other ministers, ensuring unity in the Executive.
• Article 78 mandates the Prime Minister to inform the President of all decisions of the Council of Ministers concerning executive affairs.
• The Vice President, as per Article 63, serves as the ex-officio Chairman of the Rajya Sabha and aids the President, especially in constitutional matters.
• Civil servants, selected by the Union Public Service Commission (UPSC) under Articles 309–311, ensure a competent and neutral governance system through a merit-based approach.

Judiciary

• The Judiciary is tasked with interpreting the Constitution, resolving legal disputes, and safeguarding fundamental rights. It also checks the actions of the Legislature and Executive by declaring any unconstitutional actions void.
• The Indian Judiciary is hierarchical, with the Supreme Court at the top, followed by High Courts at the state level, and lower courts like District and Sessions Courts handling local matters.

Appointment

• Judges of the Supreme Court and High Courts are appointed by the President based on the Collegium system, established in the Second Judges Case (1993), which ensures judicial independence and accountability.
• The Judiciary’s independence is protected under Articles 124–147, which provide security of tenure and prevent judges from discussing their conduct in Parliament, except in special impeachment procedures.

What is the Interrelationship Between the Three Branches of Government?

Areas of Cooperation:

• Law-Making and Execution: The Legislature drafts and passes laws, which are then executed by the Executive. For example, the Goods and Services Tax (GST) law was enacted by Parliament and implemented by the Executive.
• Judicial Guidance for Legislation: The Judiciary often provides directions that lead to legislative reforms. An example is the Vishaka Guidelines (1997) issued by the Supreme Court to address workplace harassment, which later became the Sexual Harassment of Women at Workplace Act, 2013.
• Emergency Collaboration: During emergencies, all three branches cooperate to safeguard public welfare. For instance, during the COVID-19 pandemic, the Executive enforced lockdowns, while the Judiciary ensured the government's compliance with constitutional rights.

Overlapping Powers of the Legislature

• With the Judiciary: The Legislature can impeach and remove judges of the Supreme Court and High Courts for serious misconduct (Articles 124(4) and 217(1)). Additionally, if the Judiciary declares a law unconstitutional, the Legislature can amend the law to make it constitutionally valid.
• With the Executive: The Legislature holds the power to remove the Executive through a no-confidence vote, ensuring accountability. Parliamentary committees, like the Public Accounts Committee (PAC), also scrutinize the Executive's financial actions. Furthermore, the Legislature can impeach the President for constitutional violations under Article 61, ensuring a check on the highest executive authority.

Overlapping Powers of the Executive

• With the Judiciary: The President, as head of the Executive, appoints the Chief Justice and other judges of the Supreme Court and High Courts (Article 124). The Executive also has the power to grant pardons, reprieves, or remissions of punishment under Articles 72 and 161, which can affect judicial decisions.
• With the Legislature: The President can issue ordinances under Article 123, granting temporary laws that bypass the Legislature in urgent situations. The Executive also makes rules under Articles 77 and 166 to regulate its internal procedures, and through delegated legislation, it exercises certain law-making powers.

Overlapping Powers of the Judiciary

• With the Executive: Under Article 142, the Supreme Court can issue orders for "complete justice," sometimes directing executive actions when necessary. Judicial review also allows the Judiciary to evaluate whether Executive actions align with the Constitution.
• With the Legislature: The Judiciary ensures that the basic structure of the Constitution remains intact, as seen in the Kesavananda Bharati case, preventing unconstitutional amendments by the Legislature. The Judiciary also reviews laws passed by the Legislature, striking down unconstitutional laws under Article 13.

Way Forward

• Reforming judicial appointments by codifying the Collegium system and ensuring greater transparency can reduce delays and maintain efficiency in the Judiciary.
• The Legislature should clarify its boundaries to prevent judicial overreach and foster harmony between branches.

Enhancing Checks and Balances:

• Establishing post-legislative scrutiny mechanisms can help monitor the implementation and effectiveness of laws.
• Oversight bodies like the Comptroller and Auditor General (CAG) and Lokpal should be given more autonomy to hold the Executive accountable.
• Limiting ordinance-making powers would prevent the Executive from bypassing the Legislature.
• Empowering legislative committees to more effectively scrutinize Executive actions would strengthen the checks and balances system.

• Instituting public consultations during the legislative process, such as through draft bills and feedback mechanisms, would improve transparency and accountability.
• Legal literacy programs should be introduced to enhance citizen awareness about their rights, ensuring the branches remain accountable to the people.
• Digitizing the processes of the Legislature, Executive, and Judiciary would promote greater transparency and public access to information.

Inter-Branch Coordination:

• Regular dialogue and consultations between the branches could help resolve conflicts and promote cooperation.
• Holding national conferences involving the Executive, Legislature, and Judiciary could serve as a platform to address disputes and foster harmonious governance.

A robust democratic system requires balance, accountability, and the safeguarding of rights through adherence to constitutional principles.