Opinion Paper

The Three Pillers of the Indian Constitution

Introduction

The three main organs of government are the Legislature, the Executive, and the
Judiciary. These organs do not act in isolation from one another, but rather work
together to guarantee that the government runs smoothly. Despite the fact that the
Indian Constitution does not specifically mention the relationship between these
three powerful institutions, a system of "Checks and Balances" has been formed,
and there is a clear separation of powers. These two concepts are based on
Montesquieu's belief that "Power corrupts Power and Power checks Power" in the
eighteenth century. The theory of separation of powers has not been incorporated
by the Constitution in its strict sense, as all three organs do not act independently
of one another. Each organ's function intersects with and is dependent on the
functioning of other organs.

Body

India has adopted the British Parliamentary system of government. The legislature,
often known as Parliament, is in charge of making laws. The executive administers
or executes the laws passed by Parliament, while the court interprets them.
According to Montesquieu's Trias Politica model, the Indian Constitution
establishes three distinct branches of government, each with distinct functions.

The Legislature

The Lok Sabha and the Rajya Sabha make up the legislative, or Parliament. Its
primary purpose, as previously indicated, is to enact and formulate legislation. It
also sets taxes, approves borrowing, and creates and implements budgets, among
other things. The legislature has been given legislative authority, and its powers are
unrestricted. However, the legislature's functions are aided by the court and
executive. The judiciary interprets the Constitution and ensures that legislation
passed by the legislature is constitutionally sound. It engages in judicial scrutiny of
Parliamentary acts and serves as a check on the legislature's power. To assist the
Legislature, the executive, namely the Prime Minister and his Council of Ministers,
has the power to establish laws through notices and ordinances. The Executive can
also refuse to pass laws (via the President's veto). It's not that the executive has
more power than the legislative, or vice versa; rather, the legislature is reliant on
the executive and judiciary. While deciding on major matters, the court can also
give guidelines and suggestions to resolve disagreements over the scope and nature
of legislative power. The Vishakha norms for sexual harassment in the workplace,
for example (Vishakha v. State of Rajasthan).

The Executive

The Executive has broad powers, including the ability to refuse legislation,
command the military, issue verdicts, ordinances, and decrees, and give offenders
mercy, among other things. The executive, on the other hand, is responsible to the
legislative for its acts. The executive's notifications, regulations, and ordinances
only become ordinary laws when they are passed by the legislature, limiting the
executive's power. The legislative and the courts hold the executive accountable for
its acts. The executive's powers are constrained in India because it has a legislative
system. A system of checks and balances like this guarantees that no organ has too
much power. The Supreme Court judges also have advisory jurisdiction over the
President, allowing him to consult the Supreme Court on major problems.

The Judiciary

The judiciary's independence is guaranteed by the Constitution, which is a

significant element of our democracy. The administration of justice is the principal
function of the judiciary. At the lesser level, the Supreme Court, High Courts, and
district courts make up the judiciary. The president picks Supreme Court judges,
and the Chief Justices of the high court appoint judges in the lesser courts, so the
judiciary is reliant on the executive. As a result, the executive is responsible for the
judiciary's operation. For reasonable reasons, the legislature has the right to
impeach a Supreme Court or high court judge.

Conclusion

The Indian Constitution maintains a fair balance between the three departments of
government to guarantee that no one has excessive or arbitrary power. There is a
proper check and balance system in place, as well as interdependency. All three
organs rely on each other to work properly and drive our democracy.