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
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
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
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
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.
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 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.
In short, the importance of separation of powers is outlined in the following
- 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
Written By Sameer Gaurav
( LLB 3 YRS 3RD SEM) - Indraprastha Law College