Unit X · Topic 5Separation of powers – India, UK, USA and France – Previous Year Questions

The Doctrine of Separation of Powers in its strict and technical sense is applied in

1. (a)India
2. (b)U.K
3. (c)U.S.A✓
4. (d)France

"In the British Constitution there is no such thing as the absolute seperation of Legislative

Executive and Judicial powers. In practice it is inevitable that they overlap. In the Constitution of France and U.S.A., attempts to keep the organs of the government rigidly apart have been made but have proved unsuccessful." This position of doctrine of separation of powers has been summed-up by

1. (a)Prof. Ullman
2. (b)Prof. K.T. Shah
3. (c)Wade and Phillips
4. (d)Donoghmore Committee✓

'Separation of Powers' and 'distribution of powers' are

1. (a)The same concept
2. (b)The different concepts✓
3. (c)The same concepts in Australia and India
4. (d)The same concepts in the USA but different in India

The doctrine of separation forms the basis of American constitutional structure. Which of the following provisions of U.S. Constitution exemplify the concept of separation of powers?

1. (a)Article I
2. (b)Articles I and II
3. (c)Articles I, II and III✓
4. (d)Articles II, III and V

Which of the following is true about Separation of Powers in the Constitution of Canada?

A. Separation exists between only Judiciary and Parliament

B. Separation exists between executive and legislature

C. There is no general separation of power

D. Canadian Constitution has no parallel with Presidentialism

Choose the correct answer from the options given below

1. (a)B, D Only
2. (b)A, C Only✓
3. (c)A, B Only
4. (d)C, D Only

Which of the following statements are correct?

A. The idea of three branches of government was advocated by Montesquieu

B. The US Supreme Court decided the case of Marbury V/s Madison in the year 1803

C. Article 3 of the US Constitution is identified with independence of the judiciary

D. The Ninth Amendment to the US Constitution provides prohibitions against cruel and unusual punishment

E. The Eight Amendment to the US Constitution provides for rights retained by the people

Choose the correct answer from the options given below

1. (a)A, C and E only
2. (b)B, D and E only
3. (c)A, B and C only✓
4. (d)B, C and D only

Match the LIST-I with LIST-II LIST-I (Feature) LIST-II (Application)

A. Executive Legislation I. Appointment and removal of Judges

B. Collective Responsibility II. Administrative adjudication

C. Quasi-Judicial Function III. Parliamentary form of government

D. Independence of Judiciary IV. Ordinance

Choose the correct answer from the options given below

1. (a)A-I, B-II, C-III, D-IV
2. (b)A-I, B-II, C-IV, D-III
3. (c)A-II, B-I, C-IV, D-III
4. (d)A-IV, B-III, C-II, D-I✓

Consider the following statement relating to separation of power under the USA Constitution

A. The President cannot interfere in exercise of power by legislature

B. The President may exercise law making power by treaty making

C. The President has power to appoint Judges of the Supreme Court

D. The Congress may interfere with power of President through vote on budget

E. The Congress cannot interfere with judicial power by creating special courts

Choose the correct answer from the options given below

1. (a)A and B only
2. (b)A, B and C only
3. (c)B, C and D only✓
4. (d)B, D and E only