Separation of powers

The legislature, the executive and the judiciary form the three organs of the government. Each organ has got a separate function assigned to it. The principle of separation of powers separates the legislature, the judiciary and the executive body from each other. Broadly, the principle means that:

(i)                  One person shall not be part of more than one organ of the government

(ii)                The three organs will not interfere in the work of each other

(iii)               Each organ shall perform the duty assigned to it.

In Great Britain, there is no separation of powers and the three organs overlap each other. In the United States of America, there is a strict partitioning in the functions of the three organs. The Indian Constitution under Article 50 provides for the separation of powers, however, this separation is very loosely formulated. Article 50 states that: The State shall take steps to separate the judiciary from the executive in the public services of the State. In the Indian context, it can be said that there is a quasi separation of powers.

However, the Supreme Court has observed that the separation of powers is the basic structure of the Constitution. Though the judiciary has the power to review the laws made by the legislature and also declare them ultra vires if they violate the provisions of the Constitution, it cannot take away the legislative power.  In this way, the judiciary acts as a checks and balance for controlling the legislatures.

Similarly, the judges of the High Court and the Supreme Court are appointed by the President, while the President is bound to act on the advice of the Council of Ministers headed by the Prime Minister. The judges of the Supreme Court and High Courts and the President can be impeached by the Parliament. Still, the Constitution has made provisions for maintaining the independence of judiciary.

So it can be said that while the Constitution has laid down certain provisions for the separation of powers, it has still provided certain checks and balances so that neither overrides its jurisdiction. The separation in India is not complete, but acts in a manner that each organ complements and supplements the other.