Separation of powers and judicial review are fundamental to the Indian democratic framework.

The Indian Constitution explicitly outlines the separation of powers among the legislative, executive, and judicial branches. Article 50 emphasizes this by stating, “The State shall take steps to separate the judiciary from the executive in the public services of the State.” This separation ensures that each branch operates independently, preventing any one branch from accumulating excessive power.

Judicial review is enshrined in the Indian Constitution, granting the judiciary the authority to invalidate laws and actions that conflict with the Constitution. Article 13(2) states, “The State shall not make any law which takes away or abridges the rights conferred by this Part and any law made in contravention of this clause shall, to the extent of the contravention, be void.” This empowers the judiciary to protect fundamental rights and uphold the Constitution’s supremacy.

The separation of powers and judicial review work together to create a system of ‘checks and balances’. The interplay between these has been evident in landmark judgments. In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court asserted its power of judicial review, stating that “the basic structure of the Constitution cannot be altered by any amendment.” This decision reinforced the judiciary’s role in maintaining the Constitution’s integrity and preventing any branch from overstepping its bounds.

In conclusion, the Indian Constitution’s provisions for separation of powers and judicial review create a robust system of checks and balances, essential for the health of democracy. These mechanisms prevent tyranny, protect individual liberties, and ensure that the rule of law prevails, reflecting the core democratic values enshrined in the Constitution.