INTRODUCTION: For the management of federal and democratic states, the separation of powers is imitable. The rule divides the state into three branches – the legislative, executive and judicial – with diverse autonomous powers and responsibilities so that one branch can not interfere with the other two branches’ workings. It is essentially the guideline that all state administrations should follow so that the law is enacted and enforced effectively in certain cases. If this principle is not used, the likelihood of abuse of power and corruption will increase. If you adopt this philosophy, you will have less risk of a dictatorial Law, knowing that another branch will check it. It seeks to strictly demarcate power and seeks to ensure that each organ operates exclusively.
Charles de Montesquieu introduced the term “separation of powers” or “trias –politica.” It was approved by Greece for the very first time and was widely used as the Constitution of the Roman Republic by the Roman Republic. The root of the theory can be traced to Aristotle and Plato when it became part of its miracles. A French philosopher also stated his opinion on this idea in the 16th and 17th-century British politicians Locke and Justice Bodin. This notion was first set forth in Montesquieu’s work “Esprit des Lois” (The Spirit of Laws) scientifically, correctly, and methodically released in 1785.
MEANING: Different authors define the separation of power. However, overall, the significance of power separation can be divided into three characteristics:
- No other organs should form part of a person forming part of an organ.
- The functioning of one organ should not interfere.
- The function of one organ should not be performed by another organ.
STATE GOVERNMENT’S THREE TIER MACHINERY: All functions cannot be performed systematically and properly by any of the organs. The power is therefore spread among the legislative, the executive, and the judiciary to ensure the efficient functioning of the authorities. Let us now get into the intricacies of how each organ operates.
1.) Legislative– The legislature’s principal task is to pass a law. Law expresses the will of the State and works as a prerequisite to the independence of the State. It is the cornerstone of executive and judicial functioning. It is the first place among the three bodies since the operation of law enforcement and enforcement can be exercised till and without the legislation. The Judiciary acts as an advisory body that can but cannot, offers the legislature the proposals for creating and amending the new laws.
2.) Executive– It is the institutions that execute, execute or enforce the will of the State as the constituent Assembly and the legislature expressly specifies. The executive is the government’s administrative chief. It is dubbed the government’s major source because if the executive sequestration fails, the government exhausts itself. In the limited meaning, the executive comprises the Minister’s head, advisers, the Head of the Department, and his ministers.
3.) Judiciary– It refers to those public employees responsible for the application of the legislation established by the legislature in particular instances, taking into account the idea of natural justice and fairness.
IMPORTANCE: As is well known when a great deal of power is entrusted in the hands of any managing body the chances of mismanagement, bribery, and misuse of power are increased. This philosophy helps to avoid power misuse. This doctrine safeguards the person from arbitrary domination. The government is the offender and preserves the freedom of the individual.
In short, in the following aspects the importance can be encapsulated:
a) to end tyranny, it safeguards the freedom of the person.
b) it not only protects the freedom of the person but also retains administrative efficiency.
c) Focusing on a judicial independence requirement.
d) preventing the enactment of an arbitrary rule by the legislature.
CONSTITUTIONAL STATUS OF SEPARATION OF POWERS IN INDIA: Under the Indian Constitution:-
Legislature– Parliament ( Lok Sabha and Rajya Sabha)
-State legislative bodies
Executive– At the central level- President
-At the state level- Governor
Judiciary– The Supreme Court of Justice, the High Court, and all other subordinate courts
The Parliament is sufficiently competent to make all legislation subject to the constitutional criteria and its legislative powers are not restricted. In the Constitution itself, the President’s power and functions are given (Article 62 to Article 72). In its own sphere, the court is autonomous and neither the legislature nor the executive obstructs its judicial duty. The Supreme Court, according to Articles 226 and 227 and Article 32 and 136 of the Constitution, has jurisdiction to conduct a judicial review and, if this is in breach of the Fundamental Rights, the judiciary can declare any law approved in the legislative process null and unconstitutional (Article 13). Many lawyers believe that the idea of the division of power has been adopted by India by adopting these principles.
ENDNOTES: https://www.legalserviceindia.com/legal/article-35-doctrine-of-separation-of-powers.html
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