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Separation of Powers in India

The separation of powers divides the machinery of government into three branches, namely the legislature, the executive and the judiciary. This not only prevents the domination of power, but also establishes a system of checks and balances. The separation of powers doctrine guarantees that each power has distinct powers and responsibilities based on the organizational scheme of the constitution.

In addition, the Constitution provides for the system of checks and balances to ensure that no power exercises its supremacy over others or abuses the powers conferred on it. This way, if there is an invasion or power conflict between them, each branch controls the other, avoiding a concentration of power in one branch.

The System Of Separation Of Powers Can Have Some Advantages As Follows:
  1. It enables freedom by avoiding the concentration of power in a single authority,
  2. It promotes efficiency,
  3. Facilitates and enriches democratic discussion through the balance sheet forces of everyone.
  4. The power of Judicial review permits the judiciary to ensure checks and balances between the other two branches.

This principle establishes fairness, impartiality and integrity in governance. The notion of separation of powers refers to a system of government wherein, the powers are divided among different branches of government, in which each branch is controlling a different department of government.

India, which is rooted on the parliamentary form of government, which follows this system of separation of powers between the three branches of government prescribed in the Indian Constitution, but not in strict sense.

The Three Important Principles Of Separation Of Powers Are:
  1. The same person cannot be a part of more than one state authority.
  2. There should be no intrusion and control of one governmental agency over another.
  3. No government agency is permitted to exercise the responsibilities and powers of any other agency.

Three Tier Machinery of the State:
  1. The legislature:
    The legislative organ of government is also known as the regulator, where the primary role of the legislature is to make laws for the good governance of a state, it also has the power to amend existing rules and regulations. It is considered to be the first organ out of the three because until and unless the laws are framed, the functions of implementing and application and protection will not be carried out.
  2. Executive:
    It consists of the President, the Prime Minister and the Bureaucracy. The legislature includes 2 chambers of parliament that are, the Lok Sabha and the Rajya Sabha. The executive branch of government is the states chief administrator, the executive branch mainly implements and enforces the laws made by the legislature, the president and the bureaucrats that form the executive branch of government.
  3. Judiciary:
    The, judiciary plays a very important role in every state as it interprets and applies the laws dictated by the legislature and protects people's rights, as well as settling disputes within the state or internationally. Under this, the Supreme Court is the ultimate authority to interpret the Constitution, and the judiciary is kept fairly independent from the other two branches as stated under Article 50.

    According to this theory, the powers and the functions of those powers must be distinct and separate in a free democracy. These bodies work and carry out their tasks independently of each other without interfering with each other to avoid any kind of conflict. This means that the executive cannot exercise legislature and judiciary, the legislature cannot exercise executive and judiciary, and the judiciary cannot exercise legislature and executive.


To sum up everything, the importance of Separation of powers has been provided in the following points:
  1. It protects the freedom of the people.
  2. It not only safeguards the liberty of the people but also ensures ending autocracy and maintaining efficiency of the authorities.
  3. Prevents the Arbitrariness in Legislative acts and Ensures fairness in the Actions of the Executive.
Written By: Manav Puri, BBA. LLB. (Hons.), MIT-WPU, Pune

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