Theoretical overview
The separation of power is based on the concept of trias politica. This principle visualizes a tripartite system where the powers are delegated and distributed among three organs outlining their jurisdiction each. Separation of powers is a doctrine of constitutional law under which the three branches of government are kept separate so that the powers of one branch are not in conflict with those of the other branches. However, a system of checks and balances have been put in place in such a manner that the judiciary has the power to strike down any unconstitutional laws passed by the legislature.
This is also known as the system of checks and balances, because each branch is given certain powers so as to check and balance the other branches.
Under this rule, the state is divided into three separate branches: – legislative, executive and judiciary, each of which has different independent powers and responsibilities no branch can interfere in the work of other branch.
Different writers have given the definition of separation of powers. But in general, the meaning of separation of powers can be classified into three characteristics: –
- Each organ should have different persons in capacity, i.e., a person with a function in one organ should not be a part of another organ.
- One organ should not interfere in the functioning of the other organs.
- One organ should not exercise a function of another organ
Purpose of Separation of Powers
The purpose of separation of powers is to prevent abuse of power by a single person or a group of individuals. It will guard the society against the arbitrary, irrational and tyrannical powers of the state, safeguard freedom for all and allocate each function to the suitable organs of the state for effective discharge of their respective duties.
Importance of doctrine of Separation of Powers
This principle ensures that autocracy does not creep into a democratic system. It protects citizens from arbitrary rule. Hence, the importance of the Separation of Powers doctrine can be summed up as follows: –
- Keeps away autocracy.
- Safeguards individual liberty.
- Helps create an efficient administration.
- Judiciary’s independence is maintained.
- Prevents the legislature from enacting arbitrary or unconstitutional law.
Three-Tier Machinery of Government
Legislature
The main function of the legislature is to enact laws. It is the basis for the functioning of the other two organs, the executive and the judiciary. It is also sometimes accorded the first place among the three organs because until and unless laws are enacted, there can be no implementation and application of laws.
The main function of the legislature is to enact a law. Implementing a law expresses the will of the state and it works in vain for the autonomy of the state. It is the basis of the functioning of the executive and judiciary.
The legislation comes at first place because the laws are being made by the legislation.
The judiciary acts as an advisory body which means that it can make suggestions to the legislature regarding the determination of new laws and the amendment of certain laws.
Executive
The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state. It is the administrative head of the government. Ministers including the Prime/Chief Ministers and President/Governors form part of the executive.
The executive (short for executive branch or executive power) is the part of government that enforces law, and has responsibility for the governance of a state.
The rise of welfare state has tremendously increased the functions of the state, and in reality of the executive. In common usage people tend to identify the executive with the government. In contemporary times, there has taken place a big increase in the power and role of the executive in every state.
Judiciary
The judiciary is that branch of the government which interprets the law, settles disputes and administers justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution. It comprises of the Supreme Court, the High Courts, District and other subordinate courts.
It refers to public officials whose responsibility is to apply the law made by the legislature to individual cases keeping in mind the principle of natural justice, fairness.
Points to remember
- The separation of power is based on the concept of trias politica. This principle visualizes a tripartite system where the powers are delegated and distributed among three organs outlining their jurisdiction each.
- Under this rule, the state is divided into three separate branches legislative, executive and judiciary, each of which has different independent powers and responsibilities no branch can interfere in the work of other branch.
- It Keeps away autocracy;
- The main function of the legislature is to enact laws. It is the basis for the functioning of the other two organs, the executive and the judiciary.
- The executive is the organ that implements the laws enacted by the legislature and enforces the will of the state.
- The judiciary is that branch of the government which interprets the law, settles disputes and administers justice to all citizens. The judiciary is considered the watchdog of democracy, and also the guardian of the Constitution
