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The concept of Separation of Powers is not explicitly mentioned in the Constitution of India. It was given by Montesquieu providing that powers of the three organs of State i.e. Legislature, Executive and the Judiciary should be separated so that no one organ becomes dominant. In India, there is a system of checks & balances where the powers of the organs overlap. For instance the Council of Ministers (Executive) are part of the Parliament (Legislature) and President (Executive) has the power to promulgate ordinances which is a legislative function. Article 50 of the Constitution of India provides for separation of roles of the Judiciary from that of the executive and legislature for independent functioning. This lose form of separation of powers allows for effective flexible functioning upholding the principles of the Indian Constitution.
The separation of powers is a political concept which divides the functions of government into three separate branches: the legislative, executive, and judiciary. Each branch has distinct powers to prevent the concentration of power and abuse of authority.
The idea of separation of powers originated through ancient Greek and Roman political philosophy. However, it was the French political philosopher Montesquieu who popularized the concept in his work, "The Spirit of the Laws," published in 1748.
The three branches of government are:
The concept of separation of powers traces its origins back to ancient civilizations, notably the Romans and Greeks, who introduced it through their uncodified constitutions. Aristotle, in his seminal work 'Politics,' mentions that there should be separation of powers between the General Assembly, the Judiciary, and Public officials. Additionally, the French philosopher Montesquieu advocated for this principle in his influential work 'De L‘ Espirit des Lois' (The Spirit of Laws) in 1748, aiming for better governance transparency.
Furthermore, the roots of the separation of powers can also be found in ancient Indian texts like the Vedas. However, following independence, K.T. Shah's proposal for a strict doctrine of complete separation of powers in the constituent assembly was rejected by Dr. B.R. Ambedkar. Which is why the doctrine is not explicitly mentioned in the Constitution of India but certain provisions underscore the importance of separating the roles of the legislature, executive, and judiciary for effective governance in the country.
Separation of powers is the best safeguard of liberty in a liberal democracy. The aim of the doctrine of Separation of powers is ensuring transparency, accountability and balance of power within the government. This doctrine is significant in maintaining the democratic values by providing independence to the three branches of government- The Executive, The Legislative and The Judiciary. However, the branches also have overlap in their responsibilities to ensure checks and balances.
The Constitution has some provisions for establishing distinct responsibilities of Legislature and Executive.
The separation of powers between legislature and Executive is not water-tight.
It is rightly said that ‘Absolute Power corrupts absolutely’. Hence, to maintain the spirit of the democracy, three branches of government were given separate powers. The doctrine of separation of powers is to maintain the independence of the 3 branches - The Executive, The Legislature and The Judiciary. This division of powers aims to prevent the concentration of power in any single institution, thereby safeguarding against tyranny and abuse. However, the separation of powers is not water-tight. All the 3 branches have overlapping powers which keep check and balances on the other branches and maintain accountability and transparency. Hence, not a strict separation of powers works well for Indian democracy to function in an efficient way.
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