Important topics for separation of powers for UPSC 2023
Topics for Separation of Power
> Executive representation in collegium system
- Recently, demand of executive representation in collegium system had started debate over doctrine of separation of Power in Indian Constitutional setup.
- Ministry of Law and Justice, in his letter has suggested that Union government representatives be included in the SC Collegium and state government representatives in the high court collegium.
- Vice-President also stated that he did not “subscribe” to the landmark Kesavananda Bharati judgment of 1973 which had propounded the ‘Basic Structure’, upheld judicial review and limited the Parliament’s power under Article 368 to amend the Constitution.
- Apex Court bench on delay in appointment of Judges recommended by Collegium, stated that under Constitution, law declared by the Supreme Court is binding on all.
- Promote proper checks and balances between various institutions.
- Timelines: In PLR Projects Ltd v. Mahanadi Coalfields Pvt Ltd (2021) case, Supreme Court stated that recommendations by the Collegium must be cleared by the Centre within 3-4 weeks to avoid any deadlock.
- Promoting Constitutional supremacy by focusing welfare of the citizens.
> National Judicial Commission (NJC) Bill 2022
- Recently, private member bill National Judicial Commission (NJC) Bill 2022 was introduced in the Rajya Sabha.
- NJC Bill 2022 aims to regulate the appointment of judges to the High Courts and the Supreme Court through the National Judicial Commission.
- for recommending persons for appointment as the Chief Justice of India and other Judges of the Supreme Court and Chief
Justices and other Judges of High Courts
- for their transfers and to lay down judicial standards and provide for accountability of Judges,
- establish credible and expedient mechanism for investigating into individual complaints for misbehavior or incapacity of a judge of the Supreme Court or of a High Court
- for the presentation of an address by Parliament to the President in relation to proceeding for removal of a Judge.