UPSC CSE 2026 Essay Paper Discussion
PSIR Optional Paper I 15 marks · 200w 12 min Medium

Highlight any five constitutional provisions that restrain the powers of the executive, and evaluate their effectiveness in current times.

Subtopic: Paper I · Five constitutional restraints on the executive and their effectiveness

Model answer outline

How to structure your answer

Take five provisions, state each precisely, and judge each on current evidence rather than in the abstract.

Full model answer

Detailed model answer

268 words · target 200 words · 12 min

  • Article 75(3) — collective responsibility to the Lok Sabha. The Council of Ministers holds office only while it commands confidence. Effectiveness: real but blunt. With a stable majority the confidence motion is unusable, and party discipline plus the anti-defection law under the Tenth Schedule make individual MPs unable to dissent without losing their seats.
  • Article 74(1) — the President acts on aid and advice, but may require reconsideration once. Effectiveness: limited to a delaying and signalling power. Its live use today is by Governors sitting on State Bills, which the Supreme Court has repeatedly held cannot be done indefinitely.
  • Articles 13, 32 and 226 — judicial review. Executive action is void if it violates fundamental rights, and the writ jurisdiction is itself part of the basic structure. Effectiveness: the strongest restraint on paper and often in fact, but weakened by delay, by deference in national-security matters, and by the practical difficulty of enforcing orders against the state.
  • Article 148 with Article 151 — the Comptroller and Auditor General. Independent audit reported to the legislature, examined by the Public Accounts Committee. Effectiveness: powerful in exposure, weak in consequence; reports arrive years late and PAC recommendations are not binding.
  • Article 123 — the ordinance power, limited to when Parliament is not in session and requiring approval within six weeks of reassembly. Effectiveness: the restraint was hollow while re-promulgation was practised, until Krishna Kumar Singh v. State of Bihar (2017) held re-promulgation a fraud on the Constitution.

Overall judgment. The restraints that depend on the legislature have weakened as the legislature has weakened; those exercised by independent institutions have held better. The binding constraint on the Indian executive today is judicial and federal, not parliamentary.

Key points

What an examiner expects to see

  • Article 75(3) — collective responsibility to the Lok Sabha. The Council of Ministers holds office only while it commands confidence. Effectiveness: real but blunt. With a stable majority the confidence motion is unusable, and party discipline plus the anti-defection law under the Tenth Schedule make individual MPs unable to dissent without losing their seats.
  • Article 74(1) — the President acts on aid and advice, but may require reconsideration once. Effectiveness: limited to a delaying and signalling power. Its live use today is by Governors sitting on State Bills, which the Supreme Court has repeatedly held cannot be done indefinitely.
  • Articles 13, 32 and 226 — judicial review. Executive action is void if it violates fundamental rights, and the writ jurisdiction is itself part of the basic structure. Effectiveness: the strongest restraint on paper and often in fact, but weakened by delay, by deference in national-security matters, and by the practical difficulty of enforcing orders against the state.
  • Article 148 with Article 151 — the Comptroller and Auditor General. Independent audit reported to the legislature, examined by the Public Accounts Committee. Effectiveness: powerful in exposure, weak in consequence; reports arrive years late and PAC recommendations are not binding.
  • Article 123 — the ordinance power, limited to when Parliament is not in session and requiring approval within six weeks of reassembly. Effectiveness: the restraint was hollow while re-promulgation was practised, until Krishna Kumar Singh v. State of Bihar (2017) held re-promulgation a fraud on the Constitution.

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