Introduction: -
The Constitution of India is an organic or living document and needs to be amended with the changing times and needs of society.
The separation of power in our Constitution is immutable for the administration of federative and democratic states. However, such power of amendment must be used judiciously.
Under this rule, the state is divided into three different branches - legislative, executive, and judiciary - each having different independent power and responsibility so that one branch may not interfere with the working of the other two branches. If this principle is not followed, there will be more chances of misuse of power and corruption.
If this doctrine is followed, then there will be less chance of enacting a tyrannical law as they will know that it will be checked by another branch. It aims at the strict demarcation of power and tries to bring exclusiveness in the functioning of each organ.
Three Organs of Government: -
Legislature: The chief function of the legislature is to enact laws.
It is the basis for the functioning of the other two organs, the executive and the judiciary.
It is also sometimes accorded the first place among the three organs because until and unless laws are enacted, there can be no implementation and application of laws.
Executive: The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.
It is the administrative head of the government.
Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.
Judiciary: The judiciary is that branch of the government that interprets the law, settles disputes and administers justice to all citizens.
The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution.
It comprises the Supreme Court, the High Courts, District and other subordinate courts.
Meaning of Separation of Powers: -
Separation of powers divides the mechanism of governance into three branches i.e., Legislature, Executive and the Judiciary. Although different authors give different definitions, in general, we can frame three features of this doctrine.
Each organ should have different persons in capacity, i.e., a person with a function in one organ should not be a part of another organ.
One organ should not interfere in the functioning of the other organs.
One organ should not exercise a function of another organ (they should stick to their mandate only).
Thus, these broad spheres are determined, but in a complex country like India there often arises conflict and transgression by one branch over the other.
Significance: -
This doctrine helps prevent the abuse of power. This doctrine protects the individual from arbitrary rule. The government is the violator and also protects individual liberty.
Summarily, the importance can be encapsulated in the following points:
Ending the autocracy, it protects the liberty of the individual.
It not only safeguards the liberty of the individual but also maintains the efficiency of the administration.
Focus on the requirement of independence of the judiciary
Prevent the legislature from enacting an arbitrary rule.
Some Articles of the Constitution: -
Article 50: This article puts an obligation over the State to separate the judiciary from the executive. But, since this falls under the Directive Principles of State Policy, it is not enforceable. Articles 53 and 154: It provides that the executive power of the Union and the State shall be vested with the President and the Governor and they enjoy immunity from civil and criminal liability. Articles 121 and 211: These provide that the legislatures cannot discuss the conduct of a judge of the Supreme Court or High Court. They can do so only in case of impeachment. Article 123: The President, being the executive head of the country, is empowered to exercise legislative powers (Promulgate ordinances) in certain conditions. Article 361: The President and Governors enjoy immunity from court proceedings., they shall not be answerable to any court for the exercise and performance of the powers and duties of his office.
Conclusion: -
The doctrine of separation of powers in the strict sense is undesirable and impractical and therefore till now it has not been fully accepted in any of the countries, but this does not mean that the doctrine has no relevance in the world of today. The logic behind this doctrine is still valid.
The theory of separation of powers is an unavoidable part of democracy's evolution. None of the republic's three different organs can take over the functions of the others. The executive, legislative, and judicial branches of government work together to bridge the gap and make government run smoothly.
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