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Separation of Powers & Dispute Redress
GS-II: Constitution, Governance, Social Justice & IR
Useful for: UPSC Civil Services
Overview
India follows a functional separation of powers with checks and balances; tribunals and alternative dispute resolution supplement the courts.
Key points
- India has no rigid separation of powers; organs check each other (judicial review, legislative oversight, executive appointments).
- Articles 323A and 323B (added by the 42nd Amendment) enable administrative and other tribunals.
- The Tribunals Reforms Act, 2021 abolished some appellate tribunals and set common service conditions.
- Lok Adalats work under the Legal Services Authorities Act, 1987; their awards are final.
- Arbitration is governed by the Arbitration and Conciliation Act, 1996; the Mediation Act was passed in 2023.
- Article 262 lets Parliament exclude courts from inter-state river disputes; tribunals are set up under the Inter-State River Water Disputes Act, 1956.
Practice MCQs
From the perspective of definition and scope, which one of the following statements about Separation of Powers & Dispute Redress is correct?
- Separation of Powers & Dispute Redress has no exceptions or limitations in exam analysis.
- The Indian system separates functions while permitting constitutionally designed checks and overlaps among organs.
- Separation of powers in India requires complete institutional isolation with no checks or overlaps.
- Separation of Powers & Dispute Redress is unrelated to institutions, processes or real-world applications.
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Answer: (b) The Indian system separates functions while permitting constitutionally designed checks and overlaps among organs.. The Indian system separates functions while permitting constitutionally designed checks and overlaps among organs.
Consider the following statements on Separation of Powers & Dispute Redress, focusing on definition and scope: 1. Separation of powers in India requires complete institutional isolation with no checks or overlaps. 2. The Indian system separates functions while permitting constitutionally designed checks and overlaps among organs. Which of the statements given above is/are correct?
- 1 only
- 2 only
- Both 1 and 2
- Neither 1 nor 2
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Answer: (b) 2 only. Statement 2 is correct; Statement 1 is a common misconception.
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