Separation Of Powers Analysis

Introduction

The separation of powers is a political doctrine originally developed in ancient Greece. As per this doctrine, the state is divided typically (as also in India) into three organs – a legislature, an executive, and a judiciary . All the three organs have their own separate, demarcated areas of independent powers and responsibilities. The legislature is the law making body, the executive is responsible for enforcement of all such laws and the judiciary comes in picture at the instance of breach of any such law. The three organs ideally have to be separate, distinct, and sovereign in their own respective spheres so one does not transgress into the territory of another. Such an application is appropriate and necessary because vesting

Madison’s interpretation of Montesquieu supported a system of checks and balances which I would be explaining in detail later on.

Separation of Powers : Indian Perspective in the light of Constitution

There is no express provision for ‘separation of powers’ as such in the Indian Constitution, but the functions of each organ have been laid down in an elaborate manner, lest one organ of the Government may usurp the function of another. Also from the Constituent Assembly debates, it becomes evident that the makers of the Constitution clearly recognized the importance of separation of power but also foresaw the need to apply the doctrine in an altered manner. Contrary to its rigorous application in the United Sates, it’s application in India is flexible and there are certain areas and aspects that overlap among the three organs. But that is only aimed at building a strong democratic

While having a clearly marked boundary with respect to powers and functions of each organ is necessary, it is also imperative that a harmonious overlap between all the three organs exist to compliment the functions of each other, like in the case of delegated legislation. By reason of doctrine of Separation of Powers, the organs should not be allowed to make themselves immune from liability. By way of each organ acting as a check to other’s discharge of duties, it can be ensured that the organs become accountable to each other and people in the end. For instance, it is necessary to have judicial scrutiny over the laws made by Legislature to uphold the supremacy of the Constitution. At the same time, it is also necessary not to forget the intention of Constitution makers to incorporate the spirit of Separation of Powers doctrine. For instance, sometimes there are instances when Judiciary interferes in matters that are completely under the domain of Executive. This was admitted in the judgment in the case of People’s Union for Civil Liberties v. Union of India. It was held that the Indian Judiciary is moving from Judicial Activism to Judicial Adventurism. Policy decisions are best left to the executive. It is indisputable that Courts cannot run the government. If it tries to do that it