Separation of Powers

sep-uh-RAY-shun ov POW-urz Political theory concept articulated by Montesquieu in 'The Spirit of Laws' (1748); from Latin 'separare' (to divide)

Definition

The constitutional principle that divides governmental authority among three distinct branches - Legislature, Executive, and Judiciary - each with separate functions, ensuring checks and balances to prevent concentration of power.

Detailed Explanation

The doctrine of separation of powers is implicit in the Constitution of India, though not expressly mentioned. The Constitution creates three distinct organs with demarcated functions:

1. Legislature (Parliament and State Legislatures): - Article 79: Parliament consists of President, Lok Sabha, and Rajya Sabha - Primary function: Law-making - Financial powers: Budget approval, money bills - Control over Executive: Questions, debates, no-confidence motions

2. Executive (President, Prime Minister, Council of Ministers): - Article 53: Executive power vested in President - Article 74: Council of Ministers to aid and advise President - Primary function: Implementation of laws, administration - Powers: Appointments, ordinances, pardons

3. Judiciary (Supreme Court, High Courts, Subordinate Courts): - Article 124: Supreme Court of India - Article 214: High Courts in States - Primary function: Interpretation of laws, adjudication of disputes - Powers: Judicial review, enforcement of Fundamental Rights

In India, there is no rigid separation but rather a system of checks and balances:

- Legislature can amend Constitution (checked by basic structure doctrine) - Executive can issue ordinances (checked by legislative approval requirement) - Judiciary can strike down laws (checked by appointment process) - President is part of Legislature yet heads Executive - Judges are appointed by Executive but are independent

This flexible separation ensures that no single organ becomes supreme while allowing cooperative functioning essential for governance.

Essential Elements

1 Three distinct organs: Legislature, Executive, Judiciary
2 Each organ has primary functions assigned by Constitution
3 No rigid separation - system of checks and balances
4 Prevents concentration of power in any single organ
5 Part of the basic structure of Constitution
6 Allows for some overlap (e.g., President in Legislature)

Leading Cases

Ram Jawaya Kapur v. State of Punjab

1955

AIR 1955 SC 549

Relevance: Held that Indian Constitution does not contemplate rigid separation of powers

Indira Nehru Gandhi v. Raj Narain

1975

(1975) Supp SCC 1

Relevance: Affirmed separation of powers as a basic feature of the Constitution

State of Bihar v. Bal Mukund Sah

2000

(2000) 4 SCC 640

Relevance: Discussed the boundaries between judicial and executive functions

Supreme Court Advocates-on-Record Association v. Union of India

2016

(2016) 5 SCC 1

Relevance: NJAC case - separation of powers requires independent judiciary

I.C. Golaknath v. State of Punjab

1967

AIR 1967 SC 1643

Relevance: Discussed limits on legislative power vis-a-vis fundamental rights

Usage Example

"The Supreme Court invoked the doctrine of separation of powers to hold that the legislature cannot exercise judicial functions by declaring a person guilty without trial."

Synonyms

trias politica division of powers three pillars of democracy

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