Test: Separation of Powers - 2 - Humanities/Arts MCQ

To check and balance the other two organs of government. Explanation: The Doctrine of Separation of Powers aims to establish an independent judiciary that is free from administrative discretion. The judiciary acts as a check on and as an arbiter between the other two organs of government.

According to Wade and Phillips, the second aspect of separation of powers is that one organ of the government should not control or interfere with the exercise of its function by another organ. This means that each organ of the government should be independent and should exercise its powers within its own sphere, without any interference or control by another organ.

The maxim 'le pouvoir arrête le pouvoir' means 'power halts power'. It refers to the system of checks and balances, where one power may operate as a balance against another and thus have a check on the power exercised by another.

The French Constitution, 1791 provided for the adoption of separation of powers. Montesquieu's teachings gave boost to the French Revolution and led to the adoption of the Declaration of Rights in 1789, which provided that every society in which separation of powers is not determined has no Constitution. The doctrine of separation of powers forms the foundation on which the entire structure of the U.S. Constitution 1787 is based.

The President can declare war, but only if he has the approval of both the Houses of the Congress.

According to Montesquieu, the legislative branch of the government would be responsible for the enactment of laws and their implementation. The executive branch would be responsible for the execution of laws, and the judiciary branch would be responsible for the interpretation of laws.

The President of India is elected by the Electoral College consisting of the elected members of both houses of Parliament and the elected members of the legislative assemblies of the state.

The President of India has the power to dissolve the House of People, declare National Emergency, State Emergency and Financial Emergency, and exercise legislative powers in case of State Emergency.

The President of India is the nominal executive head, while the real executive power is exercised by the Prime Minister and his/her Council of Ministers.

Concentration of powers in the same person or same body of persons should be avoided. Explanation: The Doctrine of Separation of Powers implies that concentration of powers in the same person or same body of persons should be avoided. Instead, the powers which essentially and primarily belong to one organ should be divided among the three organs of government.