Model answer & approach
- Highlight any five constitutional provisions that restrain the powers of the executive, and evaluate their effectiveness in current times. (Answer in 250 words)
Introduction
The Constitution restrains the executive through political, judicial, financial, audit and emergency controls. All five remain intact in text; their effectiveness has migrated from Parliament towards the courts.
Body
1. Collective responsibility, Article 75(3): the Council of Ministers holds office only while it commands the Lok Sabha. This was decisive in 1979, 1990 and 1999, when Vajpayee fell by one vote. Under a secure majority it is inert, and the Tenth Schedule turns the member into a party vote.
2. Judicial review, Articles 13, 32 and 226: executive action violating fundamental rights is void, and Ambedkar called Article 32 the heart and soul of the Constitution. Maneka Gandhi (1978) made arbitrariness a ground under Article 14; ADM Jabalpur (1976) marks its failure point.
3. Control of the purse, Articles 265, 266 and 114: no tax without authority of law and no expenditure without appropriation. In practice the guillotine disposes of most demands undiscussed, and the money bill route under Article 110 has bypassed the Rajya Sabha, a question referred to a larger bench in Rojer Mathew (2019).
4. Independent audit, Articles 148 to 151: the CAG reports to the legislature and the Public Accounts Committee examines it. The 2G and coal reports produced the cancellation of 122 licences in 2012, but audit is post facto and appointment remains wholly executive.
5. Limits on emergency and ordinance, Articles 352, 356 and 123: the 44th Amendment (1978) required written Cabinet advice and periodic parliamentary approval; S. R. Bommai (1994) made Article 356 justiciable on the floor test; and Krishna Kumar Singh (2017) held re-promulgation a fraud on the Constitution.
Conclusion
Judicial and audit restraints have strengthened while parliamentary ones have weakened, which is a poor trade, since courts act episodically and after the fact.
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