Seperation of Powers 2

        ESSENTIALS FEATURES OF THE THEORY OF SEPARATION OF POWERS-

a)    It aims at achieving individual liberty

b)    It is a safeguard against despotism ( a country or political system where the ruler hold absolute power)

c)     Its basic principle that concentration of powers leads to dictatorship is true

d)    The separation of powers saves the people from the arbitrary rule of the executive

e)     This Theory lays down the principle that Government should act according to certain well established according to Rules or Laws

f)     Each organ acts as a check upon the other

g)     It ensures efficiency in administration

1)    System of Checks and Balances- Another principle of this doctrine is the system of checks and balances which exists between the three organs of the Government. One organ has the power to keep a check on another organ so that arbitrariness does not arise.

For instance, the judiciary has a power to keep a check on the legislature and executive by a way of Judicial Review. This means that if any law made by the legislature is against the principles of Constitution or Democracy, then in that case the Judiciary has the power to strike down that law.

2)   Preserving the Liberty of the Individual- This would mean that the Rights, Freedom and Liberty of the citizens are safeguarded and protected at the same time. If there does not exists separation of powers, tyranny is bound to occur and hence that would result into the liberty of the citizens being hampered sufferance. Absence of concentration of powers would automatically deliver justice and ensure that the freedom and liberty of subjects are not comprised with.

        ESSENTIALS FEATURES OF THE THEORY OF SEPARATION OF POWERS-

a)    It aims at achieving individual liberty

b)    It is a safeguard against despotism ( a country or political system where the ruler hold absolute power)

c)     Its basic principle that concentration of powers leads to dictatorship is true

d)    The separation of powers saves the people from the arbitrary rule of the executive

e)     This Theory lays down the principle that Government should act according to certain well established according to Rules or Laws

f)     Each organ acts as a check upon the other

g)     It ensures efficiency in administration

THEORY OF SEPARATION OF POWERS IN INDIA

In India, there are three organs of the Government namely Legislature, Executive and Judiciary. There is no express provision in the Indian Constitution which recognizes the Doctrine of Separation of Powers in its absolute form, but there are provisions which have been laid down to constitute certain powers and to keep check a check amongst the organs.

The legislative and the executive are closely connected with each other because in India, the executive is responsible to the legislature for its actions and derive its powers from the legislature. The Head of the Executive is the President at the Union Level and Governor at the State Level but a closure look shows that he’s only a nominal head and a real power rests with the Prime Minister and his Cabinet.

The Judiciary is entirely independent from the legislature and executive. The High Courts and the Supreme Court have the power of Judicial Review which empowers them to declare any law passed by the Parliament, Unconstitutional if it so decides. Judges are extremely well protected by the Constitution and there conduct is not open to discussion in the Parliament and their appointment can only be made by the President in consultation with the Chief Justice of India and the Judges of the Supreme Court. But the Doctrine of Separation of Power in India has not been implemented in its stricter form nor has been given a Constitutional Status but is only an approach to guide our Parliamentary Governance.

PROVISIONS IN THE CONSTITUTION OF INDIA

a)   Executive- The Head of the Executives is the President at the Union Level and the Governor at the State Level. President and Governor exercise Legislative functions by way of ordinances, formulating law while proclamation of emergency is in force (Article 357 (1)) and they also have the power to exercise Judicial Powers through granting of pardons. Parliament checks the actions of the President and Judiciary through the impeachment process. (Article 61 and 124(4))

b)   Legislator- The Legislator primarily comprises of Prime Minister and his cabinet of Ministers at the Union Level and the Chief Minister and his Cabinet of Ministers at the State Level. The Legislature exercises certain judicial powers pertaining to the Breach of Privileges (Contempt Powers)

c)   Judiciary- Judiciary comprises of the Supreme Court and High Courts. The primary responsibility of the Judiciary is to adjudicate the law but the Judiciary exercises certain administrative/executive powers by making rules for Supreme Court appointments. This is purely administrative work but the Judiciary exercises this Act. Judiciary also scrutinizes the actions of the executive and legislature through its power of Judicial Review.

CONCLUSION- Separation of Powers not only means organs such as the Executive, Legislature and the Judiciary but also institutions such as Press and Academic Institutions. In India, Separation of Powers Theory has not been used in a stricter sense but as a guiding philosophy to separate powers as much as possible so that the organs of the government are alienated from each other. A lot of co-operation is required and thus each organ must correspond to the other on some level so as to function smoothly. Though the concept of separation of powers is theoretical in nature, it is practical too. For instance, Judicial Review and Activism, Functions of Judiciary is an important element of system of Justice to keep a check on the legislature who is new makers of the land.

Aishwarya Says:

I have always been against Glorifying Over Work and therefore, in the year 2021, I have decided to launch this campaign “Balancing Life”and talk about this wrong practice, that we have been following since last few years. I will be talking to and interviewing around 1 lakh people in the coming 2021 and publish their interview regarding their opinion on glamourising Over Work.

If you are interested in participating in the same, do let me know.

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