Aadhitya Narayanan

POLITICAL SCIENCE
ASSINGEMENT
TOPIC: -
1. CREATION OF PUBLIC OPINION OF

MEDIA AND PRINCIPLES, SELF
REGULATION OF MEDIA
2. SEPARATION OF POWERS IN INDIA
DONE BY
AADHITYA NARAYANAN
L19BALB111
BA LLB SEC B
1
Q1. “An alert and enlightened Public Opinion is the first essential of Democracy”. In the
light of the above statement, discuss the role of media and social networking sites / social
media, in the creation of Public Opinion. Also discuss the principles and effectiveness of
self -regulation for media.
Introduction
It is an unavoidable fact that media, social media like Facebook, twitter, blogs, network sites,
plays a crucial role in our society which not only influenced and facilitated communication
and conversation between people, but also allowed people to gather information and acquire
knowledge on political, social , economic and political topics ranging from worldwide news
to local events. Social media serve important sources of information for many individuals and
people turn to these platforms to collect information about issues, which has the effect and
the influence to manipulate the public opinion on certain subjects which play a role in
forming perceptions about the current issues around the world and people have access to such
information to get themselves updated on the current situations of a place or the world.1
This access to information though beneficial to people, can be used for spreading fake news
and propaganda which may or may not be true as a result, changes people’s opinion about
certain things. Such aspects can be dangerous in a democratic society and certain measures
need to be taken for self- regulation of such media.2
Ways in which media can be used to sway public opinion.
Advancement in technology have made audio-visual media and the Internet immensely
powerful sources of information that leads to attitude formation and change. The media can
impose both good and bad influences on the formation of attitudes among the public. On one
hand, the media and Internet can make people better informed about the current events
around the world and on the other, there is no control over the nature of attitudes that is being
formed3
The problem with social media , networking sites is that people are stuck in a bubble, in the
sense that when someone is exposed to only particular set of information or facts that
1
http://thedailyjournalist.com/pen-and-pad/mass-media-and-its-influence-on-society/
2
https://www.britannica.com/topic/public-opinion/The-mass-media
3
https://www.digitaltrends.com/social-media/how-does-social-media-influence-democracy /
2
supports their own beliefs, those beliefs tend to push more towards the extremes. All social
media and networking sites and even blogs have an “algorithm” , this algorithm is a formula
used by the social media to subscribe to the news on topics similar to what you have read and
it prevents a person to see changing perspectives on a topic but only the same perspective. It
creates a situation, where people only see the topics on which they agree with, further driving
people apart from other viewpoints or perspectives. This results in people being drawn to
information that further strengthens their viewpoints and reject information that undermines
their whole perceptions about the world. These Algorithmic news feeds are designed to bring
information that you are more likely to tap the “like” button on. To curb this, diversity of
opinions should be present rather than a personalised opinion.4
Fake news is the one of the most influential form of changing public opinion, fake news is
news that are false and misleading which are used by people to change people’s opinions
about certain subjects. Critical thinking needs to be used to analyse news as in general to
avoid these things.
One of the tools being used to spread fake news is the use of bots, or software-driven digital
accounts, automatically producing and distributing messages on social media. Bots are
usually present in social media like twitter thar spreads misinformation on current events
which are hoaxes or to undermining politicians and thereby sway public opinion5
Social media and networking sites sell the usage information of individuals on the type of
news, topic, perceptions a person reads and sells this information to giant corporate heads.
These corporate heads spread misinformation and misleading news in type of bots or fake
news to sway public opinion and manipulate the public to the perceptions they want the
people to see. To prevent this, both government and social media platforms instead of
regulating online privacy themselves, should be left up to civil organizations. 6
Another type of swaying public opinion is from a practice called Identification, where a
person likes and respects a person who is a role model to them, changing opinions they
previously had to the opinions their role model has. Example: - Let us say a person likes
4
https://www.digitaltrends.com/social-media/how-does-social-media-influence-democracy/
5
Emma Price (2013) Social media and democracy, Australian Journal of Political Science, volume 48, Issue 4,
pg. 519-527
6
https://www.academia.edu/7024865/The_Role_of_Media_in_Public_Opinion_Formation
3
Arnab Goswami and his perspectives. If that person has an opinion that BJP is a corrupt and
Hindu nationalist who hates Muslims, and when he sees a person like Arnab Goswami, who
gives his reasons as to why BJP is not corrupt and serves to make India great, the person will
have that opinion about the BJP changed to that of the opinion Arnab Goswami has. The
point here is that social media and media in general sway public opinion on two factors: -
Source credibility and attractiveness. An attitude to a topic or a subject changes when
information comes from a highly credible source rather than from a low-credible source , For
example if a local reporter says that the Congress is corrupt, no one will likely change their
opinions about Congress but if that same information came from a highly credible source like
Arnab Goswami, people would change their attitudes based on what he is saying7.
The most effective of swaying public opinion is how the media creates prejudices. Prejudices
are examples of attitudes towards a group, which are usually negative and based on
stereotypes about a specific group of people or a subject. Example: - India is usually
portrayed as a dirty country and as country that is filled by poverty. People who witness this
information think that All Indians are dirty and are poor, by doing this they create
generalisations that form the foundations on which their perceptions and opinions are formed.
This results in an opinion about Indians, and they create a stereotype about it and it may also
get translated into discrimination where people behave rudely to a group of people compared
to another group of people or a community they favour. Example: - The genocide committed
by the Nazis in Germany against Jewish people is an example of how prejudice can lead to
hatred, discrimination, and killings of innocent people.8
Even Advertisements or infomercials can influence public opinion. We always see

Advertisements of products that promises fairness of skin colour in both men and women and
this gives unrealistic goals to both young women and men since they are of the opinion that
they would seem attractive when they have a fairer skin colour. It shows how media and
social media influences the young generation.
7
http://ncertbooks.prashanthellina.com/class_12.Psychology.Psychology/Chapter%206.pdf
8
http://ncertbooks.prashanthellina.com/class_12.Psychology.Psychology/Chapter%206.pdf
4
Propaganda is the most influential form of changing public opinion, it is rooted in all forms
of media both consciously and unconsciously because media coverage of politics tells people
less what to think than what to think about and this intentional or accidental exposure of
information through social media, networking sites, etc, results in people becoming more
familiar with related terms and are able to store relevant facts and this exposure to such
information can be critical in the formations of attitudes, perceptions and viewpoints of
people. Propaganda can either unite or divide citizens by forming shared opinions or ideas on
certain subjects.
However, Social media, networking sites and media in general can impact democracy in both
good ways, Social media fosters instant sharing and knowledge of information which keeps a
person updated with the current events around the world. It can be used to increase the
public’s awareness on certain topics and have conversations with them, which leads to greater
political deliberation and participation.
Even though Social media has its benefits, it can be misused very easily to spread
misinformation to the public to change public opinion. Hence self- regulation of media would
help to curb these effects.
Self-regulation of Media
India follows self-regulation of media, it can be defined as the codes of behaviour for the
media that are necessary to support the freedom of expression and the process how those
behaviours will be monitored or held to account.9
Media and Accountability
The media is the backbone of a democratic society. It is the media which acts as the
watchdog of the three pillars, to ensure that they are performing their constitutional duties,
thus calling for accountability but like the organs of the Government have checks and
balances, the Media should also be held accountable for their actions since they create a
9
https://about.fb.com/news/2018/01/effect-social-media-democracy/
5
public sphere, where controversial arguments regarding political matters are being
exchanged.10
The media functions based on Article 19 (1) (a) of the Indian Constitution, which guarantees
the freedom of speech and expression. But they are limited under Article 19 (2) which says
that the right is subject to reasonable restrictions in the interest of sovereignty and integrity of
India, State security, public order, decency, morality or in relation to defamation or
incitement to an offence. 11If the media repeatedly break journalism ethics and standards, they
lose the public’s confidence and threaten their own existence. But who should oversee what
the media does? Should it be the government through statutory regulation or the media
industry itself through self-regulation?
Instead of self-regulation and statutory regulation of media, the media should be put in
purview by an independent separate functioning body which will have its own functions and
powers that is established by the government but does not exercise the power of that body
and should hold the media accountable if it violates journalism ethics and standards
Self-regulation Vs Statutory regulation
In order for the media to act as a watchdog of the government and to use the platform as a
way of exchange of ideas, self-regulation is the best option since statutory regulation (any
technique or approach designed to control, alter or influence information) is regulated by the
government and the media can’t act as a watchdog of the government if rules are framed by
them. Peer review system is itself serves as a check on media12
Advantages of Self-Regulation
Self–regulation has several advantages. A significant advantage is that it lends credibility and
trust to the media. In jurisdictions where the media is seen as strictly regulated or not
10
https://www.prsindia.org/theprsblog/regulation-media-india-brief-overview
11
https://onlinepte.com/the-mass-media-including-tv-radio-and-newspaper-influence-our-society-and-shape-
our-opinions-and-characters-what-is-your-opinion/
12
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independent, citizens tend to lose interest in the media and the quality of freedom of
expression and consequently public debates are diminished. 13
Another reason for self-regulation is the ease with which self-regulation responds to changes
and new developments. The unique nature of online media which operates without
boundaries makes it almost impossible for statutory regulation, which makes self-regulation
the best option. 14
Criticisms of Self-Regulation
Several criticisms have been raised against the self-regulatory model not being effective. One
such criticism is that complaints are not handled seriously where the journalists shrug off
problems and defend the indefensible. Other criticisms include the fact that self-regulatory
bodies are ineffective since they cannot impose penalties, and that corrections, which is the
common type of remedy for complaints imposed by the press councils, are often buried in the
publications. The press councils and most self-regulatory models do not entertain third party
complaints. 15
Other criticisms of the self-regulatory model are that it allows newspapers to avoid ethical
and legal responsibilities, allows the press to engage in excesses where there is no complaint,
does not prevent excesses in the tabloids, is weak at safe guarding privacy and does not
provide room for appeal. This has led to calls for statutory regulation16
Advantages of Statutory Regulation
Proponents of statutory media regulation argue that the government’s power to impose
penalties keeps the media in line. They also argue that a democratic government passing a
13
Dr. Madhavi Ravikumar, Ph.D. (2014) The big debate on Media self-regulation in India: scope and
limitations, International Journal of Communication and Social Research Volume 2, No.2
14
15
Richard D. Anderson Jr. (1998) The place of the media in popular democracy, Critical Review, Volume 12.
Issue 4, pg. 481-500
16
Issue 4, pg. 481-500
7
legislation to control the media is in the public interest. However, they fail to disclose that in
practice, the government is made of people and in most cases regulating the media has been
used to protect the government in power and not public interest. 17
Criticisms against Statutory Regulation
statutory regulation can be used as tool for censorship. The three common ways in which
statutory regulation is used to restrict press freedom include statutory controls on licensing
and registration, the creation of nominally independent regulatory bodies with built in
avenues for political influence and legal imposition of vague or burdensome content
requirements.18
Regulation of Media in India
The existing bodies for regulation of media such as the Press Council of India which is a
statutory body and the News Broadcasting Standards Authority, a self-regulatory
organization, issue standards which are more in the nature of guidelines. 19
The PCI was established under the PCI Act of 1978 for the purpose of preserving the freedom
of the press and of maintaining and improving the standards of newspapers and news
agencies in India. The PCI consists of a chairman and 28 other members. The Chairman is
selected by the Speaker of the Lok Sabha, the Chairman of the Rajya Sabha and a member
elected by the PCI. The members consist of members of the three Lok Sabha members, two
members of the Rajya Sabha , six editors of newspapers, seven working journalists other than
editors of newspapers, six persons in the business of managing newspapers, one person who
is engaged in the business of managing news agencies, and three persons with special
knowledge of public life.20
17
Emma Price (2013) Social media and democracy, Australian Journal of Political Science, volume 48, Issue 4,
pg. 519-527
18
19
Issue 4, pg. 481-500
20
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The functions of the PCI include among others (i) helping newspapers maintain their
independence; (ii) build a code of conduct for journalists and news agencies; (iii) help
maintain “high standards of public taste” and foster responsibility among citizens; and (iv)
review developments likely to restrict flow of news.
The PCI has the power to receive complaints of violation of the journalistic ethics, or
professional misconduct by an editor or journalist. The PCI is responsible for enquiring into
complaints received. It may summon witnesses and take evidence under oath, demand copies
of public records to be submitted, even issue warnings and admonish the newspaper, news
agency, editor, or journalist. It can even require any newspaper to publish details of the
inquiry. Decisions of the PCI are final and cannot be appealed before a court of law. 21
The powers of the PCI are restricted in two ways. (1) The PCI has limited powers of
enforcing the guidelines issued. It cannot penalize newspapers, news agencies, editors, and
journalists for violation of the guidelines. (2) The PCI only overviews the functioning of
press media. That is, it can enforce standards upon newspapers, journals, magazines, and
other forms of print media. It does not have the power to review the functioning of the
electronic media like radio, television, and internet media22
For screening films including short films, documentaries, television shows and
advertisements in theatres or broadcasting via television the Central Board of Film
Certification (CBFC) sanction is required. The role of the CBFC is limited to controlling
content of movies and television shows, etc. Unlike the PCI, it does not have the power to
issue guidelines in relation to standards of news and journalistic conduct. Program and
Advertisement Codes for regulating content broadcast on the television, are issued under
the Cable Television Networks (Regulation) Act, 1995. The District magistrate can seize the
equipment of the cable operator in case he broadcasts programs that violate these Codes.
Certain standards have been prescribed for content accessible over the internet under the IT
Rules 2011. 23However, a regulatory body such as the PCI or the CBFC does not exist.
Complaints are addressed to the internet service provider or the host. Radio Channels must
follow the same Programme and Advertisement Code as followed by All India Radio.
21
22
23
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Private television and radio channels must conform to conditions which are part of license
agreements. These include standards for broadcast of content. Non-compliance may lead to
suspension or revocation of license. 24
Today news channels are governed by mechanisms of self-regulation. One such mechanism
has been created by the News Broadcasters Association. The NBA has devised a Code of
Ethics to regulate television content. The News Broadcasting Standards Authority (NBSA),
of the NBA, is empowered to warn, admonish, censure, express disapproval and fine the
broadcaster a sum up to Rs. 1 lakh for violation of the Code. Another such organization is
the Broadcast Editors’ Association. The Advertising Standards Council of India has also
drawn up guidelines on content of advertisements. These groups govern through agreements
and do not have any statutory powers. In 2006 the government had prepared a Draft
Broadcasting Services Regulation Bill, 2006. The Bill made it mandatory to seek license for
broadcasting any television or radio channel or program. It also provides standards for
regulation of content. It is the duty of the body to ensure compliance with guidelines issued
under the Bill.
25
Conclusion
Media is the fourth organ of the government which its main function is to report on the
competence of the organs of the government and voices the people’s ideas, opinions,
perspectives on certain matters. However, with the rise of social media and social networking
sites, misinformation and misleading news are being circulated to change public opinion
which has a disastrous consequence in a democratic society. Hence media should be
regulated as to keep a check on its powers, by being regulated by a separate independent
body having its own powers and functions since self-regulation of media is not effective and
can be misused.
24
25
10
Q2 “The strict Separation of Powers is not only impracticable as a working principle of
Government but is one not to be desired in practice.” It is said that Separation of Powers is a
fiction. Do you agree? Illustrate your answer by examples from the working of the Indian
constitution
Introduction
Today not the Countries following constitutional systems in the world will be opting for the
strict separation of powers as it is undesirable and impracticable, but its implications can be
seen in almost all the countries in its diluted form. It is widely accepted that for a political
system to be stable, the holders of power need to be balanced against each other. The
principle of separation of powers deals with the mutual relations among the three organs of
the government, namely legislature, executive and judiciary. This doctrine tries to bring
exclusiveness in the functioning of the three organs and hence a strict division of power is the
aim sought to be achieved by this principle. This doctrine signifies the fact that one person or
body of persons should not exercise all the three powers of the government. 26
It rather represents an area of political thought where there has been an confusion in defining
and the use of its attributes because in Welfare State, which demands more and more action
and services from the government such as health, education, food and public distribution,
public transport and supply of electricity. It tends to increase the powers of the executive and
develop the executive as a multifunctional organ. 27As a theory of government, the doctrine
has uniformly failed to provide an adequate basis for an effective and a stable political system
in a modern welfare state. Nevertheless, the essential and vital ideas behind the doctrine
remain of the utmost importance in various countries and nations around the world.
Meaning of Separation of Powers
26
http://cbseacademic.nic.in/web_material/doc/Legal_Studies/XI_U1_Legal_Studies.pdf
27
http://cbseacademic.nic.in/web_material/doc/Legal_Studies/XI_U1_Legal_Studies.pdf
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According to the theory of Separation of Powers, the three organs of the Government
(namely the Legislature, Executive and Judiciary) should be independent and kept separate of
the Government. The function of the legislature is to Create Laws, the function of the
Executive is to Implement the law and the Judiciary should Interpret the Law.
The theory signifies the following three things

1. That the same person should not form more than one of the three departments of the
government.
2. One organ of the government should not interfere with the power of any other organ of the
Government.
3. One organ of the government should not exercise the functions which is assigned to the
other organ of the Government28
According to Montesquieu, If the executive and the legislature were part of the same organ of
the Government, then there will be enacting of tyrannical laws which will be administered by
the Executive in a tyrannical manner and if the executive and judiciary were one part of the
Government, there would be arbitrary power which would be exercised cruelly and
objectivity of law will not exist29
The main idea of the theory from a logical perspective is that if the Legislature would be the
administrators of law and justice, then people will be left without remedy or relief in case of
any injustice as no superior authority will be present. The concentration of power in one
person or a department of the government results in tyranny and thus, for decentralization of
power to check arbitrariness, there is a need for dividing the powers of government in three
different organs of the government. The doctrine of separation of powers has become an
important part of the governmental structure, but the practical application of the doctrine
differs from structural provisions in the constitution. In theory, the doctrine of separation of
powers is supposed to have a classification of functions and powers of the corresponding
organs. But because of the complex nature of a modern state, where the Legislature,
Executive and Judiciary cannot be assigned to separate institutions and the application of this
doctrine in absolute sense is very difficult which is why there is functional and personal
overlapping exist in our system.30
28
https://oll.libertyfund.org/titles/vile-constitutionalism-and-the-separation-of-powers
29
30
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Separation of Powers in India
According to Indian Constitution the State will take enough steps to separate the judiciary
from the executive. This is for the purpose of establishing the independence of judiciary
(Under article 50 of the Constitution). Constitutional provision provides validity of
proceedings in Parliament and the Legislatures cannot be called into question in any Court
within the territory of India (Article 122 and 212). Judicial conduct of a judge of the Supreme
Court and the High Court’s cannot be discussed in the Parliament and the State Legislature,
according to the Constitution (Article 121 and 211.). The executive power of the Union and
the State shall be vested with the President and the Governor and according to Article 361
they enjoy immunity from civil and criminal liability (Article 53 and 154.)31
Overlapping of Functions and Powers
However, Under the Indian Constitution, the executive powers are vested with the President
under Article 53(1) of the Constitution and Governors for respective states under Art. 154 (1)
of the Constitution. The President is, therefore, regarded as the Chief Executive of Indian
Union who exercises his powers as per the constitutional mandate on the aid and advice of
32
the council of ministers (Art.74 (1)). The president is also empowered to promulgate
ordinances in exercise of his extensive legislative powers which extend to all matters that are
within the legislative competence of the Parliament (Art. 123).Such a power is co-extensive
with the legislative power of the Parliament. Apart from ordinance making, he is also vested
with powers to frame rules and regulations relating to the service matters. In the absence of
Parliamentary enactments, these rules and regulations hold the field and regulate the entire
course of public service under the Union and the States (Art.309). Promulgation of
emergency in emergent situations is yet another sphere of legislative power which the
President is closed with. While exercising the power after the promulgation of emergency, he
can make laws for a state after the dissolution of state legislature following the declaration of
31
https://shodhganga.inflibnet.ac.in/bitstream/10603/207059/8/08_chapter%202.pdf
32
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emergency in a particular state, on failure of the constitutional machinery (Art.356) and
exercises purely legislative functions as provided under Articles 372 and 372-A33
The President of India is a part of the legislature though he is not a member of any house of
the Parliament (Art.79 ) No Bill for the formation of new states or alteration of boundaries
etc. of the existing states,( Art.3 ) or affecting taxation in which States are interested or
affecting the principles laid down for distributing money to the states or imposing a surcharge
for the purposes of the Union (Art.274 ) and no Money Bill or Bill involving expenditure
from the consolidated fund of India (Art.117 ) can be introduced for legislation except on the
recommendation of the President. Besides this, he also has powers to grant pardons, reprieves
respites or remissions of punishment or to suspend, remit or commute; the sentence of any
person convicted any offence which is of judicial nature. He also performs similar judicial
functions in deciding a dispute relating to the age of the judges of the constitutional courts for
the purpose of their retirement from their judicial office.34
In a similar manner, Parliament also exercises judicial functions. While performing judicial
functions, it can decide the question of breach of its privilege and if proved, can punish the
person concerned (Art.105). While doing so, the Parliament is the sole judge and Courts
cannot generally question the decision of the Houses on this point. Moreover, in case of
impeachment of the President, one House of the Parliament acts as a prosecutor and the other
House investigates the levelled charges and decides whether they substantiate or not under
Article 61 of the Constitution. There is, however, a considerable institutional separation
between the judiciary and other organs of the government (Art.117). The Constitution confers
wide powers; however, a certain amount of executive control is vested in the higher judiciary
with respect to subordinate judiciary. At the same time, the power of appointment of high
courts and Supreme Court judges including the Chief Justice of India, vests partially with the
executive, that is to say, the President of India who in turn exercises this power in
consultation with the Governors of the concerned states and the Chief Justice of the
concerned High Court in case of a high court judge and Chief justice of India in case of a
Supreme Court judge. Moreover, the judges of constitutional courts cannot be removed
except for proved misconduct or incapacity and unless an address supported by two-thirds of
the members and absolute majority of the total membership of the House is passed in each
35
House of the Parliament and presented to the President. Apart from exercising routine
33
34
35
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judicial functions, the superior constitutional courts also perform certain executive and
administrative functions as well. High courts have supervisory powers over all subordinate
courts and tribunals (Art.227) and the power to transfer cases. In addition, the High Courts as
well as the Supreme Court also have legislative powers by virtue of which they can frame
rules regulating their own procedure for the conduct and disposal of cases (Art. 145 & 225).
The foregoing exercise establishes the proposition expounded by the Supreme Court in Ram
Jaway’s Case. The analysis clearly shows that the concept of separation of powers, so far as
the Indian Constitution is concerned, reveals and artistic blend and an adroit admixture of
judicial, legislative, and executive functions. Separation sought to be achieved by Indian
Constitution is not in an absolute or literal sense. Instead, it creates a system consisting of the
three departments of Government and confers upon them both exclusive and overlapping
powers and functions. Thus, there is no absolute separation of functions between the three
departments of Government only a system of checks and balances.36
Personnel overlapping of Powers and Functions
The Supreme Court has the power to declare unconstitutional any laws passed by the
legislature and the actions taken by the executive if they violate any provision of the
Constitution. Even the power to amend the constitution by Parliament is subject to the review
of the Court. The Court can declare any amendment void if it violates the basic structure of
the Constitution. The President of India who is executive head exercises law-making power
in the shape of ordinance-making power and the judicial powers (Article 103(1) and 217(3)).
The council of Ministers is selected from the legislature and is responsible to the legislature37.
In case of Pratibha v State of Karnataka, the court has observed that since the executive
power of the state executive, is co-extensive with that of the state legislature, it follows that
the state executive may make rule regarding any matter within the legislative competence of
the state legislature, without prior legislative authority, except where a law is required
because the rule so framed would violate any provision of the constitution which requires
legislation. The Supreme Court in case of Shri Sitaram Sugar co. ltd. V Union of India, has
observed that In general, the court, would not exercise its power of judicial review to
interfere with a policy made by the government in exercise of its power under Article 162,
36
37
15
38
particularly where it involves technical, scientific or economic expertise. The Supreme
Court in case of Harish Uppal v Union of India, has observed that the Supreme Court power
to frame rules including rules regarding condition on which a person (including an advocate)
can practice in the Supreme Court. Such a rule would be valid and binding on all. Such a rule
if framed would not have anything to do with the disciplinary jurisdiction of Bar Councils. In
addition, the constitution of India expressly provides for a system of checks and balances in
order to prevent the arbitrary or capricious use of power derived from the said supreme
document which can be seen in the case law of Indira Nehru Gandhi v. Raj Narain , It was
observed by the Supreme Court , there is separation of powers in its provision only. A rigid
separation of powers does not apply to India. It also said that No Constitution can survive
without a conscious provision to its fine check and balance.”. 39 Instead, it creates a system
consisting of the three departments of Government and confers upon them both exclusive and
overlapping powers and functions.
Checks and balances
On the question that where the amending power of the Parliament does lies and whether
Art.368 confers and unlimited amending power on Parliament, the S.C. in Keshavanand
Bharti held that amending power was now subject to the basic features of the constitution.
And hence, any amendment tapering these essential features will be struck down as
unconstitutional. None of the three separate organs of the republic can take over the functions
assigned to the other.
In I.C. Golak Nath v. State of Punjab, Supreme Court took the help of doctrine of basic
structure as propounded in Kesvananda Bharati case and said that 9th Schedule is violative of
this doctrine and hence the 9th Schedule was made amenable to judicial review which also
forms part of the basic structure. The Constitution brings into existence different
constitutional entities, namely, the Union, the States, and the Union lists. It creates three
major instruments of power, namely, the Legislature, the Executive, and the Judiciary. It
demarcates their jurisdiction minutely and expects them to exercise their respective powers
without overstepping their limits. They should function within the spheres given to them, it
was held that adjudication of a specific dispute is a judicial function which parliament, even
38
39
http://www.legalservicesindia.com/article/483/Separation-of-Power-in-India-&-USA.html
16
under constitutional amending power, cannot exercise. So, the main ground on which the
amendment was held ultravires was that when the constituent body declared that the election
of P.M won‘t be void, it discharged a judicial function which according to the principle of
separation it shouldn‘t have done.40
The Supreme Court in Indira Nehru Gandhi v. Raj Narain, it held that separation of powers is
a feature of the basic structure of the Indian constitution. None of the three separate
departments of the republic can take over the functions assigned to the other. This
constitutional scheme cannot be changed even by resorting to amending process under Article
368 of the Indian constitution. Where any Act made by the legislature is invalidated by the
courts on the ground of legislative incompetence, the legislature cannot enact a law declaring
that the judgment of the court shall not operate, it cannot overrule the decision of the court.
This is what is meant by “check and balance” inherent in a system of government
incorporating separation of powers. The logic behind this doctrine is still valid and relevant.
Therefore, mutual restraint in the exercise of power by the three departments of the State is
the soul of the doctrine of separation of powers. Hence the doctrine can be better appreciated
as a doctrine of check and balances41’.
Judicial opinion on the doctrine of separation of powers
In the famous case of re Delhi Laws Act case, the Court held that the theory of separation of
powers though not part of the Constitution, is evident in the provisions of the Constitution in
exceptional circumstances.
Justice Das in Ram Krishna Dalmia v Justice Tendolkar, said that the constitution does not
express the existence of separation of powers, and it is true that division of powers of the
government into legislative, executive and judiciary is implicit in the constitution but the
doctrine does not form an essential basis of foundation-stone of the constitutional framework
as it does in U.S.A.42
40
41
42
17
Again, in Udai Ram Sharma v Union of India, the court categorically stated that the doctrine
has not been accepted by our constitution. The court expressed its opinion that the American
doctrine of separation of powers has no application in India43.
The doctrine of separation of powers was recognized to be a part of the Constitution in the
case of Ram Jawaya Kapur v. State of Punjab, where the Court observed that the doctrine of
separation of powers is not expressly mentioned in the Constitution but it stands to be
violated when the functions of one department of Government are performed by another.44
The supreme court in the case of Asif Hamid v. State of Jammu & Kashmir, has observed that
Legislature, executive and judiciary must function within their own sphere as mentioned
under the constitution. The functioning of the democracy depends upon the strength and
independence of each of its departments45
It was after the landmark case of Indira Nehru Gandhi v. Raj Narain, that the place of this
doctrine in the Indian context was made clear. It was observed by the Supreme Court that in
the Indian Constitution, there is separation of powers in its provision only. A rigid separation
of powers as under the American Constitution or under the Australian Constitution does not
apply to India. Chandrachud J. also observed that the political usefulness of the doctrine of
Separation of Power is not widely recognized. No Constitution can survive without a
conscious provision to its fine check and balance.” 46
Conclusion
The Doctrine of Separation of Powers has a come a long way from its theoretical form and
the mere separation of powers between the Legislature, Executive and Judiciary cannot be
executed in a modern welfare state, but a system of checks and balances in a government is
required to keep check on the powers and functions administered by either organs of the
43
44
45
46
18
government and India relies heavily upon the doctrine to regulate and check, the exercise of
power by the three Organs of Government. The Doctrine of Powers says that one organ of the
government should not exercise the functions or powers of the other organ of the government
but it doesn’t say whether the organs of the government can cooperate with each other and we
saw that there are many overlapping functions and powers exercised by different organs of
the government. Hence the Definition of the Doctrine of Separation of Powers in a modern
Welfare state can be a community of powers exercised by the cooperation between various
organs of the government and not a doctrine of checks and balances.
19
BIBLOGRAPHY
For Question 1 (Creation of Public opinion by media)
Articles
1. Dr. Madhavi Ravikumar, Ph.D. (2014) The big debate on Media self-regulation in
India: scope and limitations, International Journal of Communication and Social
Research Volume 2, No.2
2. Richard D. Anderson Jr. (1998) The place of the media in popular democracy, Critical
Review, Volume 12. Issue 4, pg. 481-500,
3. Emma Price (2013) Social media and democracy, Australian Journal of Political
Science, volume 48, Issue 4, pg. 519-527,
Websites
1. https://www.prsindia.org/theprsblog/regulation-media-india-brief-overview
2. https://onlinepte.com/the-mass-media-including-tv-radio-and-newspaper-influence-
our-society-and-shape-our-opinions-and-characters-what-is-your-opinion/
3. https://about.fb.com/news/2018/01/effect-social-media-democracy/
4. https://www.digitaltrends.com/social-media/how-does-social-media-influence-
democracy/
5. http://thedailyjournalist.com/pen-and-pad/mass-media-and-its-influence-on-society/
20
6. https://www.britannica.com/topic/public-opinion/The-mass-media
7. http://ncertbooks.prashanthellina.com/class_12.Psychology.Psychology/Chapter
%206.pdf
8. https://www.academia.edu/7024865/The_Role_of_Media_in_Public_Opinion_Format
ion
FOR QUESTION -2 (Separation of Powers in India)
Web sites
1. https://shodhganga.inflibnet.ac.in/bitstream/10603/207059/8/08_chapter%202.pdf
3. http://cbseacademic.nic.in/web_material/doc/Legal_Studies/XI_U1_Legal_Studies.pd
f
4. https://oll.libertyfund.org/titles/vile-constitutionalism-and-the-separation-of-powers
6. http://www.legalservicesindia.com/article/483/Separation-of-Power-in-India-&-
USA.html
21

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POLITICAL SCIENCE

1. CREATION OF PUBLIC OPINION OF

Ways in which media can be used to sway public opinion.

Even Advertisements or infomercials can influence public opinion. We always see

Media and Accountability

Self-regulation Vs Statutory regulation

Advantages of Statutory Regulation

Criticisms against Statutory Regulation

Regulation of Media in India

Meaning of Separation of Powers

The theory signifies the following three things

Overlapping of Functions and Powers

Personnel overlapping of Powers and Functions

Checks and balances

Judicial opinion on the doctrine of separation of powers

For Question 1 (Creation of Public opinion by media)

FOR QUESTION -2 (Separation of Powers in India)

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