The separation of powers divides the machinery of government into three
branches, namely the legislature, the executive and the judiciary. This not only
prevents the domination of power, but also establishes a system of checks and
balances. The separation of powers doctrine guarantees that each power has
distinct powers and responsibilities based on the organizational scheme of the
In addition, the Constitution provides for the system of checks and balances to
ensure that no power exercises its supremacy over others or abuses the powers
conferred on it. This way, if there is an invasion or power conflict between
them, each branch controls the other, avoiding a concentration of power in one
The System Of Separation Of Powers Can Have Some Advantages As Follows:
- It enables freedom by avoiding the concentration of power in a single
- It promotes efficiency,
- Facilitates and enriches democratic discussion through the balance sheet
forces of everyone.
- The power of Judicial review permits the judiciary to ensure checks and
balances between the other two branches.
This principle establishes fairness, impartiality and integrity in governance.
The notion of separation of powers refers to a system of government wherein, the
powers are divided among different branches of government, in which each branch
is controlling a different department of government.
India, which is rooted on the parliamentary form of government, which follows
this system of separation of powers between the three branches of government
prescribed in the Indian Constitution, but not in strict sense.
The Three Important Principles Of Separation Of Powers Are:
Three Tier Machinery of the State:
- The same person cannot be a part of more than one state authority.
- There should be no intrusion and control of one governmental agency over
- No government agency is permitted to exercise the responsibilities and
powers of any other agency.
- The legislature:
The legislative organ of government is also known as the regulator, where
the primary role of the legislature is to make laws for the good governance
of a state, it also has the power to amend existing rules and regulations.
It is considered to be the first organ out of the three because until and
unless the laws are framed, the functions of implementing and application
and protection will not be carried out.
It consists of the President, the Prime Minister and the Bureaucracy. The
legislature includes 2 chambers of parliament that are, the Lok Sabha and
the Rajya Sabha. The executive branch of government is the states chief
administrator, the executive branch mainly implements and enforces the laws
made by the legislature, the president and the bureaucrats that form the
executive branch of government.
The, judiciary plays a very important role in every state as it interprets
and applies the laws dictated by the legislature and protects people's
rights, as well as settling disputes within the state or internationally.
Under this, the Supreme Court is the ultimate authority to interpret the
Constitution, and the judiciary is kept fairly independent from the other
two branches as stated under Article 50.
According to this theory, the powers and the functions of those powers must
be distinct and separate in a free democracy. These bodies work and carry
out their tasks independently of each other without interfering with each
other to avoid any kind of conflict. This means that the executive cannot
exercise legislature and judiciary, the legislature cannot exercise
executive and judiciary, and the judiciary cannot exercise legislature and
To sum up everything, the importance of Separation of powers has been provided
in the following points:
Written By: Manav Puri,
- It protects the freedom of the people.
- It not only safeguards the liberty of the people but also ensures ending
autocracy and maintaining efficiency of the authorities.
- Prevents the Arbitrariness in Legislative acts and Ensures fairness in
the Actions of the Executive.
BBA. LLB. (Hons.), MIT-WPU, Pune