The concept of Separation of power refers to the system of government in which power is
divided among different organs of government .The organs of the government are
legislature , executive and judiciary these are also called pillars of democracy each organ
performs their function independently without interference of other to avoid any kind of
conflict .Legislature function is to make laws , Executive implements laws and Judiciary
makes sure its not against constitution . The objective of this concept is to avoid
arbitrariness , totalitarianism and tyranny and promote accountable and democratic form of
government , it prevents misuse of power , keeps check on all organs of government and
maintains balance.
For the 1 time concept was given by Aristotle he said separation of power has 3 agencies of
government ; general assembly , public officials and judiciary. After Aristotle john locke
branches reemerged he said it is legislature , executive and federative according to him
legislature is supreme rest two exercised by the monarch. They were not considered as co
equals .Then comes Montesquieu he gave three organs legislature , executive and judiciary
and told there functions as well according to him no organ will interferer in the work of
another to avoid conflict.
Other countries have rigid separation of power but India have flexible separation of
powerLike the United Kingdom, India also practices the parliamentary form
of government in which executive and legislature are linked to each other.
So, the doctrine of separation of powers is not implemented in its strict
sense. However, the composition of our constitution creates no doubt that
the Indian Constitution is bound by the separation of powers. There are
various provisions under the Indian Constitution that clearly demonstrate
the existence of the doctrine of separation of powers. This principle is
followed both at the centre and the state level.
Provisions that Substantiate Separation of Power
 Article 53(1) and Article 154 of the Indian Constitution clearly say that the
Executive powers of the Union and the States

are vest in the President and
Governor respectively and shall only be exercised directly by him or
through his subordinate officers.
 Article 122 and Article 212 of the Indian Constitution state that the courts
cannot inquire in the proceedings of Parliament and the State Legislature.
This ensures that there will be no interference of the judiciary in the
legislature.

 Article 105 and Article 194  of the Indian Constitution specify that the MPs
and MLAs cannot be called by the court for whatever they speak in the
session.
 Article 50 of the Indian Constitution encourages the separation of judiciary
from the executive in the states.
 Article 245 of the Indian Constitution gives authority to Parliament and
State Legislature for making laws for the whole country and the states
respectively.
 Article 121 and Article 211 of the Indian Constitution state that the judicial
conduct of any judge of the Supreme Court or High Court shall not be
discussed in Parliament or State Legislature.
 Article 361 of the Indian Constitution specifies that the President and the
Governor are not accountable to any court for exercising their powers and
performance of duties in his office.

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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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