Separation of powers is the division of the legislative, executive, and judicial functions of government. It minimizes the possibility of arbitrary excesses by the government since the sanction of all three branches is required for the making, executing, and administering of laws. The constitutional demarcation precludes the concentration of excessive power by any branch of the Government.
What is the Legislature?
- The chief 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.
What is the 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.
What is the Judiciary?
The judiciary is that branch of the government that 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 the Supreme Court, the High Courts, District, and other subordinate courts.
Checks and Balances
The strict separation of powers that was envisaged in the classical sense is not practicable anymore, but the logic behind this doctrine is still valid. The logic behind this doctrine is polarity rather than strict classification meaning thereby that the center of authority must be dispersed to avoid absolutism. Hence, the doctrine can be better appreciated as a doctrine of checks and balances.
In Indira Nehru Gandhi’s case, Chandrachud J. observed – No Constitution can survive without a conscious adherence to its fine checks and balances. Just as courts ought not to enter into problems intertwined in the political thicket, Parliament must also respect the preserve of the courts. The principle of separation of powers is a principle of restraint that “has in it the precept, inmate in the prudence of self-preservation; that discretion is the better part of valor.
The doctrine of separation of powers in today’s context of liberalization, privatization, and globalization cannot be interpreted to mean either “separation of powers” or “checks and balance” or “principles of restraint”, but “community of powers” exercised in the spirit of cooperation by various organs of the state in the best interest of the people.
Judicial Overreach
The Supreme Court has been accused time and again of pronouncing judgments that are often termed judicial legislation. This happens when in the guise of giving guidelines and creating principles, they assume the powers of the legislature, for instance, by laying down the basic structure doctrine, the Supreme Court has put limitations on the legislature’s power to make and amend laws. The judiciary through the collegiums system has also been accused of infringing on the the the the the powers of other branches. The essential function of the judiciary is to interpret the law rather than to be on the appointment of judges. After all, ours is a parliamentary form of democracy wherein parliamentarians are elected by the the the the the the people and they have to face the people, they are filling the slogan of “We the People”; as compared to this, judges are enjoy fixed tenure. They are accountable to none as such and they should concentrate on justice delivery rather than the appointments.
So, all three branches of the Government have their powers and functions. There should be a perfect balance among all these branches of Government for the smooth functioning of the nation. Amongst all these there in the United States, the executive is more powerful because the president is the head of the state, as well as the chief executive of the Government. While in India, Legislature is more powerful as the prime minister is the head of the government and his ministry has more powers and functions. In short, the country, its form of Government, and the people decide which branch of Government is more powerful.
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