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Analysis: Separation Of Powers In India

Separation of powers divides the administrative machinery into three branches, namely the legislature, the executive and the judiciary. This not only prevents the supremacy of power, but also creates a system of checks and balances. The doctrine of separation of powers ensures that each branch of government has separate powers and responsibilities within the organizational model of the Constitution.

In addition, the Constitution provides a system of checks and balances to ensure that no power dominates others or abuses the powers conferred on it. In this way, an attack or power conflict between them, each branch controls the other, avoiding the concentration of power in one branch.

Advantages:

A power-sharing system can have the following advantages:

  • it allows freedom by avoiding concentration of power in one power,
  • it promotes efficiency,
  • it facilitates and enriches democratic debate through all balanced forces.
The powers of judicial review allow judges to provide checks and balances between the other two branches.

This principle ensures justice, impartiality and honesty in the administration. The concept of separation of powers refers to an administrative system where powers are divided between different branches of government, with each branch controlling a different administrative unit. India, which has its roots in a parliamentary form of government, which follows the system of separation of powers of three governments in the Constitution of India, but not in its true meaning.

The three important principles of separation of powers are:

  • One and the same person cannot belong to more than one state power.
  • No government agency can invade or control you.
  • No government agency shall exercise the functions and powers of any other agency.

Three-level machinery of the state:

Legislation:
The legislative branch of the government is also known as the regulator, where the main task of the legislator is to draft laws to ensure good governance of the state and also has the right to change the legislative power applicable rules and regulations. It is considered to be the first of the three bodies because enforcement, enforcement and protection functions are not performed until laws are passed.

Leader:
It consists of President, Prime Minister and bureaucracy. The parliament consists of two houses of parliament, the Lok Sabha and the Rajya Sabha. The executive of the government is the main administrative body of the country, the executive mainly implements and controls the laws made by the parliament, the president and the bureaucrats who make up the executive.

Judiciary:
Judiciary plays a very important role in any country because it interprets and applies the laws prescribed by the parliament and protects people's rights and resolves domestic or international disputes. According to it, the Supreme Court is the supreme authority for the interpretation of the constitution, and the judiciary is kept completely independent of the other two branches, as stated in Article 50.

According to this theory, powers and their responsibilities should be separate and distinct in a free democracy. These bodies work and perform their tasks independently of each other without interfering with each other to avoid any conflict. This means that the executive cannot exercise legislative and judicial power, the legislature cannot exercise executive and judicial power, and the judiciary cannot exercise legislative and executive power.

Conclusion:
In short, the importance of separation of powers is outlined in the following points:
  • It protects people's freedom
  • This not only guarantees the freedom of the people, but also ensures the end of tyranny and
  • The preservation of the power of the authorities.

Prevents arbitrariness in legislative action and ensures justice in executive action.

Written By Sameer Gaurav
( LLB 3 YRS 3RD SEM) - Indraprastha Law College Greater Noida

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