SEPERATION OF POWERS IN INDIAN CONSTITUION.

SEPERATION OF POWERS IN THE CONSTITUTION.

Separation of powers means the division of the legislative, executive and the judicial powers of the government. Meaning that these bodies have their own independent function, and they work by their own rules and regulation. Many argues that these separation of powers reduce the excess of arbitrary of the functions of the government and more focus on the welfare of the citizens who are subjects of that particular country.

The separation of powers is governed based on three most important fundamental concepts as such:

  1. One person should not be part of more than one organ of the parliament.
  2. One organ should not interfere with the work of the other organs and;
  3. One organ should not perform the functions of the other.

In India, we have three wings in the constitution who, have their own independent powers regarding matters of law.

The three wings are:

legislation: the word legislation is a latin word that mean ‘legis’ meaning ‘law’ and ‘latum’ relatively to mean ‘to make’. Hence, the power of the legislation to make the law. They can either make new laws, repel or amend the old laws. The important duty of the legislative is make the laws, the legislative has to be very flexible concerning making new laws, or repelling or amending the old laws, as they have to think in the welfare of the public. They also have to makes laws thinking, which would be more helpful to the citizen which their conduct and regulation towards each other, and they have to think of the judiciary as well, which would be more helpful for judiciary to settle the disputes in a fair and justifiable manner

Executive: The power and the duties of the executive is to implement all the laws which are enacted by the legislation, into the nation. These laws implemented by the executive are implied to all the people in the nation who are subject to it.

The important or the most crucial role of the executive is to implement law made by the legislation to all the people in the nation who are subject to it. They have to make sure the law is implemented on all the citizens regardless of their age, sex, religion, caste, creed or language. Earlier the law was not implemented in the state of Jammu and Kashmir, as the state of J&K, have their own laws, legislations concerning to the conduct of that particular state, although taking in the factor of re-organization of Jammu and Kashmiri 2019, the laws are implemented on the people of Jammu and Kashmir as well since 2019 onward.

The role of executive is also of grave importance because, if the laws are made by the legislation but not implemented by the executive, then if the disputes arises, the judiciary won’t be able to interpret the law and settle the disputes, as the citizen’s rights are not clearly codified.  

They have to make the law known before they are enforced, because if the laws are not known by the people, how are citizens of India will be aware about their rights, and on the procedural aspect to prevent a breach or infringement

Judiciary: the power and the duties of the judiciary is to interpret the law. Once the laws are made and executed, if there are disputes regarding to the matter of the law given in the legislation, it is the duty of the judiciary to settle the disputes.

The role of judiciary is extremely crucial in nature, as there are tremendous disputes relating to different matters of the law and the judiciary have to, with proper conscience, impartiality and equity have to settle those matters and give remedies or punishment taking into the consideration the severity of the dispute

Under Article 142 and Article 145 of the Indian constitution, the Supreme court has the power to declare void the laws passed by legislature and actions taken by the executive if they violate.

Judiciary is to interpret the laws made by the legislative and laws implemented by the executive. Any disputes regarding to any matter of law has to interpreted by the judicial body. Any person regardless, of their age, sex, religion, caste, creed or language and come before the court of law and file a case. It is a duty of the judicial body to take all the matters of concern into a thorough understanding, help with being justice. The grave obligation of judiciary is to settle all the dispute that come before court of law, give them peace, harmony and a fair trial.

All the three wings of the constitution have their own independent powers and, they respectively cannot meddle or interfere into the matters of the other. But, in India though we have independent bodies of the government we also as a follow-up have checks and balances system. So that Due to division of work there is no overlapping remains in the system and hence nobody would interfere with others working area. Since the overlapping removed then there is no possibility of the competition in between different organs.

Each organ has to keep a check on the other organ, so that they do not abuse the powers given to them by the constitution and make sure with utmost certainty that they do indeed work in the welfare of the people. Thus, creating a balance amongst them.

In article 50, of the constitution it is said that they should have independent powers, but they can keep a check on the other bodies so that they won’t abuse the powers given to them by the constitution

In Ram Jawaya v. State of Punjab

C.J. Mukerjee, said and held:

“Indian Constitution has not indeed recognized the doctrine of separation of powers in its absolute rigidity but the functions of the different parts or branches of the government have been sufficiently differentiated and consequently it can be very well said that our constitution does not contemplate assumption by one organ or part of the State of Functions that essentially belong to another.” Hence, to conclude my statement, I would like to say all the three organs are independent in the matters of their powers, but interdependent for its administration and welfare of the country

Hence, to conclude my statement, I would like to say all the three organs are independent in the matters of their powers, but interdependent for its administration and welfare of the country.

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.

Do follow me on FacebookTwitter  Youtube and Instagram.

The copyright of this Article belongs exclusively to Ms. Aishwarya Sandeep. Reproduction of the same, without permission will amount to Copyright Infringement. Appropriate Legal Action under the Indian Laws will be taken.

If you would also like to contribute to my website, then do share your articles or poems at adv.aishwaryasandeep@gmail.com

We also have a Facebook Group Restarter Moms for Mothers or Women who would like to rejoin their careers post a career break or women who are enterpreneurs.

We are also running a series Inspirational Women from January 2021 to March 31,2021, featuring around 1000 stories about Indian Women, who changed the world. #choosetochallenge

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