seperation of power for class 11 pol science.ppt

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1. Welcome

2. Sanjana da
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miruddin Ali
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miruddin Ali
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ame of the Student
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olitical science
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140262-23002140262-23002

4. INTRODUCTION
Theory of Separation of Powers : Important Features of the American
Constitution
Montesquieu, the exponent of the Theory of Separation of Powers :
guiding angel of the Constitution of the USA
Herman Finer, in his book, “Theory and Practice of Modern
Governments” observes that, “the American Constitution has
consciously and elaborately made an essay on the Separation of
powers.”
To make the theory of Separation of Powers workable and effective,
the Principle of Checks and Balances has been incorporated in the
Constitution

5. SEPARATION OF POWERS IN THE
CONSTITUTION
A.LEGISLATIVE POWERS WITH THE CONGRESS
Article 1: “All legislative powers herein granted
shall be vested in a Congress of the United States..”.
B.EXECUTIVE POWERS GIVEN TO THE PRESIDENT
Article 2 : “The Executive power shall be vested in a President of
the United States of America…”
C. JUDICIAL POWERS WITH THE SUPREME COURT
Article 3 :“The Judicial power of the United States shall be vested
in one Supreme Court, and in such inferior courts as the Congress
may from time to time ordain and establish…”

6. SUPREME COURT
ON
SEPARATION OF POWERS
Recognizing the importance of the theory, the American Supreme
Court declared in the famous Case Kalbourn v. Thompson that,
“It is believed to be one of the chief merits of the American system of
written constitutional law that all powers entrusted to the
government, whether state or national, are divided in to three grand
departments—the Executive, the Legislative, and the Judicial; that
the functions appropriate to each of these branches of government
shall be vested in a separate body of public servants; …”.

7. THE PRINCIPLE
OF
CHECKS AND BALANCES
1.Congressional Checks On President & Supreme Court
2.Presidential Checks On Congress & Supreme Court
3.Judicial Checks on Congress & Presidency

8. THE PRINCIPLE OF
CHECKS AND BALANCES AT WORK
1. CONGRESSIONAL CHECKS ON THE PRESIDENT
a.All the appointments made by the President require the approval of the
Senate, the upper chamber of the American Congress.
b.All treaties and agreements entered into by the President require
ratification by the Senate with a two-third majority.
c.The Congress checks the President through its powers to appropriate
money.
d.President is Removed from Office by Congress through Impeachment

2. CONGRESSIONAL CHECKS ON THE SUPREME COURT
a.The judges of the Supreme Courts are appointed by the President but
with the approval of the Senate.
b.They can be removed from office by the Congress through
impeachment.
c.Congress alone has the power to establish the Subordinate Courts. This
is how the Congress Checks the judiciary.

9. THE PRINCIPLE OF
CHECKS AND BALANCES AT WORK
3. PREDIDENTIAL CHECKS ON THE CONGRESS
a.All Bills passed by the Congress become effective when the President
gives has assent to them.
b.The President can veto a bill passed by the Congress. The Constitution
has armed the President with ‘Pocket Veto’, which kills a bill
presented to the President for his signature if he does not assent thereto
within a period of ten days and in the mean time Congress adjourns.

4. PRESIDENTIAL CHECKS ON THE SUPREME COURT
a.The President appoints the judges of the Supreme Court.
b.The President also enjoys powers to grant pardon, reprieve, and
amnesty to a criminal

10. THE PRINCIPLE OF
CHECKS AND BALANCES AT WORK
5. JUDICIAL CONTROL OVER THE CONGRESS AND THE PRESIDENT

A.Through its Power of Judicial Veto/Judicial Review
Lord Bryce
observes:
“The ultimate fountain of power, popular sovereignty, always flows full
and strong welling up from its deep source, but it is thereafter diverted into
many channels, each of which is so confined by skillfully constructed
embankments that it cannot overflow, the watchful hand of the judiciary
being ready to mend the bank at any point where the stream threatens to
break through.”

11. CONCLUDING OBSERVATIONS
1.It has been a cause of conflict and confusion. Wilson : “this division of
authority and concealment of responsibility are calculated to subject the
government to a very distressing paralysis n moments of emergency”
.
1.It is a doctrine marred by impracticability, violation of the organic unity
of the government, and creation of mutual distrust and enmity between
the three branches of government.. Corwin :“lately, the importance of
this doctrine as a working principle of government under the
constitution has been much diminished by he growth of Presidential
leadership in legislation, by the increasing resort by Congress to
practice delegating what amounts to legislative powers to the President
and other administrative agencies…”
2.Ogg aptly sums up the importance of the theory of separation of powers
and the principle of checks and balances in the American Constitution
when he says, no feature of the America Government, national, state
and often local, “is more characteristic than the separation of powers,
combined with precautionary checks and balances”. Nothing quite like it
can be found in any other leading country of the world.