<b>Under the present Indian Constitution, there is complete separation of Power between the Executive, Legislature and the Judiciary. The overlapping that appears is due to the dishonest manner in which the functionaries are discharging their functions. The same situation can prevail even under the Presidential system of Government.
In the case of imposition of President's Rule, the Central Government has failed to take due care in discharging its duties. The Union Cabinet has simply recommended the action to the President of India on the basis of the report received from the Governor of the State. In this particular case, the Union Cabinet has taken the decision based on political considerations rather than on the basis of ground realities. The same can happen under a Presidential System if the Executive takes decision on narrow political considerations rather than on actual ground position.
If one goes by the examples of recent executive actions in the United States, it is felt that the Indian system has far more safeguards than the U S System. It has recently come to light that subsequent to 9/11 the US President had authorized tapping of phones and e mail links of certain citizens. This action was not in accordance with the law which requires certain other legal procedures. However, no action has been taken as the only action that is possible is to start an impeachment proceeding, which is a very major thing to do and is not fit for such a small so called violation. In India, in a similar tapping allegation, the Govt had no excuse but to make a move and already one person has been taken into custody. What will ultimately happen is not know, but the fact remains that the Indian system if it is made to work properly has sufficient checks and balances.</b>
In the case of imposition of President's Rule, the Central Government has failed to take due care in discharging its duties. The Union Cabinet has simply recommended the action to the President of India on the basis of the report received from the Governor of the State. In this particular case, the Union Cabinet has taken the decision based on political considerations rather than on the basis of ground realities. The same can happen under a Presidential System if the Executive takes decision on narrow political considerations rather than on actual ground position.
If one goes by the examples of recent executive actions in the United States, it is felt that the Indian system has far more safeguards than the U S System. It has recently come to light that subsequent to 9/11 the US President had authorized tapping of phones and e mail links of certain citizens. This action was not in accordance with the law which requires certain other legal procedures. However, no action has been taken as the only action that is possible is to start an impeachment proceeding, which is a very major thing to do and is not fit for such a small so called violation. In India, in a similar tapping allegation, the Govt had no excuse but to make a move and already one person has been taken into custody. What will ultimately happen is not know, but the fact remains that the Indian system if it is made to work properly has sufficient checks and balances.</b>