Power is shared among different organ of the government such as legislature, executive and judiciary. This system of power sharing can also be termed as :
A. Unitary form of government
B. Horizontal distribution of power
C. Vertical division of power
D. Community government
Answer
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Hint:
Power is shared among different organs of government, such as the legislature, executive and judiciary.
This is called horizontal distribution of power because it allows different organs of government placed at the same level to exercise different powers.
There is no concept of the difference of Powers between these three bodies because they deal with different subjects and situations.
Complete step by step solution:
1) LEGISLATURE:
The powers of the legislature in India are exercised by the Parliament, a bicameral legislature consisting of the Rajya Sabha and the Lok Sabha. Of the two houses of parliament, the Rajya Sabha is considered to be the upper house or the Council of States and consists of members appointed by the president and elected by the state and territorial legislatures.
The Lok Sabha is considered the lower house or the House of the people.
The parliament does not have complete control and sovereignty, as its laws are subject to judicial review by the Supreme Court.
However, it does exercise some control over the executive. The members of the cabinet, including the prime minister, are either chosen from parliament or elected thereto within six months of assuming office.
The cabinet as a whole is responsible to the Lok Sabha. The Lok Sabha is a temporary house and can be dissolved only when the party in power loses the support of the majority of the house.
The Rajya Sabha is a permanent house and can never be dissolved. The members of the Rajya Sabha are elected for a six-year term.
2) EXECUTIVE :
The executive of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy.
The division of power into separate branches of government is central to the republican idea of the separation of powers
The executive power is vested mainly in the President of India, as per Article 53(1) of the constitution. The president has all constitutional powers and exercises them directly or through subordinate officers as per the aforesaid Article 53(1).
The president is to act in accordance with aid and advice tendered by the Prime Minister of India, who leads the Council of Ministers of the Republic of India as described in Article 74 of the Constitution of India.
The President is responsible for appointing many high officials in India. These high officials include the governors of the 29 states; the chief justice; other judges of the supreme court and high courts on the advice of other judges; the attorney general; the comptroller and auditor general; the chief election commissioner and other election commissioners; the chairman and members of the Union Public Service Commission; the officers of the All India Services (IAS, IFoS and IPS) and Central Civil Services in group 'A'; and the ambassadors and high commissioners to other countries on the recommendations of the cabinet.
3) JUDICIARY:
India's independent union judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court of India consists of the chief justice and 30 associate justices, all appointed by the president on the advice of the Chief Justice of India. The jury trials were abolished in India in the early 1960s, after the famous case KM Nanavati v. State of Maharashtra, for reasons of being vulnerable to media and public pressure, as well as to being misled.
Note:
Unlike its United States counterpart, the Indian justice system consists of a unitary system at both state and union level.
The judiciary consists of the Supreme Court of India, high courts at the state level, and district courts and Sessions Courts at the district level.
Supreme Court (Judiciary's Highest Power) :
The Supreme Court of India is situated in New Delhi, the capital region of India.
The Supreme Court is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.
Consisting of the Chief Justice of India and 30 sanctioned other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions.
Thus, the correct option is (B)
Power is shared among different organs of government, such as the legislature, executive and judiciary.
This is called horizontal distribution of power because it allows different organs of government placed at the same level to exercise different powers.
There is no concept of the difference of Powers between these three bodies because they deal with different subjects and situations.
Complete step by step solution:
1) LEGISLATURE:
The powers of the legislature in India are exercised by the Parliament, a bicameral legislature consisting of the Rajya Sabha and the Lok Sabha. Of the two houses of parliament, the Rajya Sabha is considered to be the upper house or the Council of States and consists of members appointed by the president and elected by the state and territorial legislatures.
The Lok Sabha is considered the lower house or the House of the people.
The parliament does not have complete control and sovereignty, as its laws are subject to judicial review by the Supreme Court.
However, it does exercise some control over the executive. The members of the cabinet, including the prime minister, are either chosen from parliament or elected thereto within six months of assuming office.
The cabinet as a whole is responsible to the Lok Sabha. The Lok Sabha is a temporary house and can be dissolved only when the party in power loses the support of the majority of the house.
The Rajya Sabha is a permanent house and can never be dissolved. The members of the Rajya Sabha are elected for a six-year term.
2) EXECUTIVE :
The executive of government is the one that has sole authority and responsibility for the daily administration of the state bureaucracy.
The division of power into separate branches of government is central to the republican idea of the separation of powers
The executive power is vested mainly in the President of India, as per Article 53(1) of the constitution. The president has all constitutional powers and exercises them directly or through subordinate officers as per the aforesaid Article 53(1).
The president is to act in accordance with aid and advice tendered by the Prime Minister of India, who leads the Council of Ministers of the Republic of India as described in Article 74 of the Constitution of India.
The President is responsible for appointing many high officials in India. These high officials include the governors of the 29 states; the chief justice; other judges of the supreme court and high courts on the advice of other judges; the attorney general; the comptroller and auditor general; the chief election commissioner and other election commissioners; the chairman and members of the Union Public Service Commission; the officers of the All India Services (IAS, IFoS and IPS) and Central Civil Services in group 'A'; and the ambassadors and high commissioners to other countries on the recommendations of the cabinet.
3) JUDICIARY:
India's independent union judicial system began under the British, and its concepts and procedures resemble those of Anglo-Saxon countries. The Supreme Court of India consists of the chief justice and 30 associate justices, all appointed by the president on the advice of the Chief Justice of India. The jury trials were abolished in India in the early 1960s, after the famous case KM Nanavati v. State of Maharashtra, for reasons of being vulnerable to media and public pressure, as well as to being misled.
Note:
Unlike its United States counterpart, the Indian justice system consists of a unitary system at both state and union level.
The judiciary consists of the Supreme Court of India, high courts at the state level, and district courts and Sessions Courts at the district level.
Supreme Court (Judiciary's Highest Power) :
The Supreme Court of India is situated in New Delhi, the capital region of India.
The Supreme Court is the highest judicial forum and final court of appeal under the Constitution of India, the highest constitutional court, with the power of constitutional review.
Consisting of the Chief Justice of India and 30 sanctioned other judges, it has extensive powers in the form of original, appellate and advisory jurisdictions.
Thus, the correct option is (B)
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