The 'Separation of Powers' Myth
constitutional general intermediate myth_bustPeople often say, 'Constitution ke according sabhi powers separate hain, Parliament ko judiciary ko nahi dikhana chahiye'. Papa ne ek baar kaha tha, koi bhi law student yehi karta hai, lekin yeh theory hai, reality check zaroori hai.
In India, Constitution article 112 says Parliament can make laws for judiciary's salaries, pensions, and allowances. Article 195 says Parliament can regulate the working of High Courts, including the power to make rules for their administration. In reality, the executive controls the judiciary, especially when it comes to appointment of judges. In our own case, my dad, a Supreme Court lawyer, faced bureaucratic hurdles in getting a case listed. This shows that the 'separation of powers' is more of a myth than a hard rule, especially when it comes to the real world of Indian law.