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8. Previous Years Questions
1. Explain the meaning and significance of Doctrine of Separation of Powers. Also compare the constitutional status of Separation of Powers in India and USA.Answer:2. The Constitution of India embraces the idea of separation of powers in an implied manner. Elucidate.Answer:3. The government shutdown in USA showed the dangers of strict separation of powers in Presidential form of democracies. Explain how separation of powers between the legislature and executive is maintained in USA. How does India avoid such shutdown?Answer:Part 34. What are the major changes that have taken place in global governance structures, which have led to a dilution in the principle of separation of powers?Answer:5. Judicial Activism has hurt the separation of power principle in India and is not healthy for Indian polity. With the help of few judgments given by the Supreme Court of India, critically analyse this statement.Answer:Arguments against Judicial Activism:Arguments in favour of Judicial Activism:Judgments of the Supreme Court:6. The recent judgment of the Supreme Court on the National Tax Tribunal Act aims to restore the balance in separation of powers. However, the judgment would go against the idea of Tribunals under the constitution. Examine.Answer:7. In comparison with the American constitutional arrangement, where there is strict separation of executive and legislature, the Indian Constitution provides for a fused structure. Do you think this system has worked for India?Answer:8. Independence of judiciary and separation of powers, both are part of the basic structure of the constitution. In this context, discuss the recent Supreme Court judgment on the constitutional validity of the National Judicial Appointments Commission.Answer:9. Separation of powers in case of India has acquired its own uniqueness under the constitutional arrangement. Explain.Answer:10. The Constitution of India mentions the Doctrine of Separation of Powers only in passing, yet it holds a unique status in the structural framework of the Indian polity. Discuss.Answer:11. Explain why the doctrine of separation of powers is considered as an indispensable part of a democratic setup. Also, discussing this doctrine in the context of India, explain the principle of ‘checks and balances’.Answer:12. Explain the significance of the concept of 'separation of powers' in a democracy. What can be the reasons for India not following the doctrine in the strict sense?Answer:13. There is no strict separation of powers under the Indian Constitution, with the executive, legislature and judiciary empowered to carry out functions which may be considered within the purview of the other. Discuss.Answer:
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