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Explain the concept of separation of powers. What are the provisions in the Indian Constitution, which reflect separation of powers?
The theory of ‘Separation of Powers’ was first stipulated by the French thinker Montesquieu in his seminal work, “Spirit of Laws”(1748). The doctrine implies that, in a State, the powers should be divided between three organs, in the following manner: Legislature: to make laws Executive: toRead more
The theory of ‘Separation of Powers’ was first stipulated by the French thinker Montesquieu in his seminal work, “Spirit of Laws”(1748). The doctrine implies that, in a State, the powers should be divided between three organs, in the following manner:
Ideally, no person should be a member of more than one organ; it helps prevent a conflict of interests between the different organs and also avoidances of the arbitrary use of power in the form of corruption, nepotism, etc.,
The Indian Constitution, while not having any specific provision for the “Separation of Powers” contains various provisions which embody this principle, some examples of which are, as follows:
However, the Separation of Powers in India is not very rigid or watertight as ours is a Parliamentary Democracy(the Executive is drawn from the Legislature). In addition to this, inherent in the doctrine is the concept of Checks and Balances, wherein organs may keep a check on each other to prevent the abuse of power by any of them.
Examples include Judicial Review, the Removal of Judges by the Parliament, and the Collective Responsibility of the Council of Ministers to the Parliament.
Therefore, the Separation of Powers is an important political doctrine which is adapted in different forms across various Nation-States.