Organs of Government: Legislature, Executive and Judiciary
What the exam tests
You must distinguish the three organs, their composition and functions, and explain separation of powers with checks and balances.
Core rules and concepts
- Legislature: makes laws, represents citizens, controls finance and the executive, and amends the constitution. Bicameral legislatures have an upper and lower house.
- Executive: implements laws. The political executive is elected and accountable; the permanent executive is the civil service. Functions include policy, administration, defence and foreign affairs.
- Judiciary: interprets laws, settles disputes, punishes offences, reviews executive and legislative action, and protects rights.
- Separation of powers (Montesquieu): legislature, executive and judiciary should not concentrate in one body; checks and balances prevent tyranny.
Worked example
'The President promulgates an ordinance when Parliament is not in session.' Reason: this is executive law-making under Article 123; it is a temporary power, must be laid before Parliament, and lapses unless approved. It shows a check by the executive on legislative delay, not a violation of separation of powers, because the Constitution authorises it.
Traps
Do not say the judiciary executes laws. Do not call the Council of Ministers the permanent executive. Do not confuse an ordinance with an Act; an ordinance needs parliamentary approval. Do not claim separation of powers means watertight compartments; India uses functional separation.