Q2(3)6 MarksSeparation of Powers.
Meaning & Origin
The Doctrine of Separation of Powers is a political-constitutional principle under which the three organs of the State — Legislature, Executive and Judiciary — are kept functionally distinct so that liberty may be preserved. Its classical expression is by Montesquieu, De L’Esprit des Lois (1748).
Three Postulates
- Same person should not form part of more than one organ.
- One organ should not control / interfere with another.
- One organ should not perform the functions of another.
In India — Functional, not Rigid
- Article 50: Separation of judiciary from executive.
- Articles 121, 211: No discussion on judges’ conduct in legislature.
- Articles 122, 212: Courts not to inquire into legislative proceedings.
- Articles 123, 213: Executive ordinance power.
- Articles 323A, 323B: Tribunals exercising adjudicatory functions.
Leading Cases
Ram Jawaya Kapur v. State of Punjab, AIR 1955 SC 549 — Indian Constitution has not recognised rigid separation; organs are not watertight.
Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461 — Separation of Powers is part of basic structure.
Indira Nehru Gandhi v. Raj Narain, AIR 1975 SC 2299 — Parliament cannot assume judicial power.
I.R. Coelho v. State of T.N., (2007) 2 SCC 1 — judicial review and separation of powers are inter-twined basic features.
Conclusion
In India, separation of powers works as a functional separation with mutual checks and balances, forming part of the basic structure of the Constitution.