NCERT Textbook: Separation of Powers | Legal Studies for Class 11 - Humanities/Arts PDF Download

 Page 1


Chapter 3
Separation of Powers
CONTENTS
I. OBJECTIVES
II. CONCEPT OF SEPARATION OF POWERS
III. HIISTORICAL BACKGROUND AND ORIGIN
A. Montesquieu's Doctrine of Separation of Powers
B. Basic Features of the Doctrine Separation of Powers as Enunciated by 
Montesquieu
C. Checks and Balances of Power
D. Impact of the Doctrine
IV. EVALUATION OF THE DOCTRINE OF SEPARATION OF POWERS
A. Key Benefits And Advantages Of The Doctrine Of Separation Of Powers
B. Defects of the Doctrine
V. SEPARATION OF POWERS IN PRACTICE
A. Separation of Powers in Britain
B. Separation of Powers in the United States of America
C. Separation of Powers in India
Page 2


Chapter 3
Separation of Powers
CONTENTS
I. OBJECTIVES
II. CONCEPT OF SEPARATION OF POWERS
III. HIISTORICAL BACKGROUND AND ORIGIN
A. Montesquieu's Doctrine of Separation of Powers
B. Basic Features of the Doctrine Separation of Powers as Enunciated by 
Montesquieu
C. Checks and Balances of Power
D. Impact of the Doctrine
IV. EVALUATION OF THE DOCTRINE OF SEPARATION OF POWERS
A. Key Benefits And Advantages Of The Doctrine Of Separation Of Powers
B. Defects of the Doctrine
V. SEPARATION OF POWERS IN PRACTICE
A. Separation of Powers in Britain
B. Separation of Powers in the United States of America
C. Separation of Powers in India
46
UNIT 01: CHAPTER 3
Separation of Powers
I. OBJECTIVES
Students shall:
i. Gain knowledge about separation of powers.
ii. Gain knowledge about the limitations.
iii. Understand the application of the Doctrine of Separation in modern constitutions.
1. Label the pictures by choosing one of the following:
a. Legislature
b. Judiciary
c. Executive
Take this quiz to find out how much you know. 
2. The Legislature enables the Government to _____ laws.
a) interpret and enforce
b) frame laws and amend 
3. The written Constitution defines the ________.
a) power of the three organs
b) ii role of the councilors
4. The words 'Í am the State' which sparked the Separation of power are attributed to ___
a) James I
b) Louis XIV
Page 3


Chapter 3
Separation of Powers
CONTENTS
I. OBJECTIVES
II. CONCEPT OF SEPARATION OF POWERS
III. HIISTORICAL BACKGROUND AND ORIGIN
A. Montesquieu's Doctrine of Separation of Powers
B. Basic Features of the Doctrine Separation of Powers as Enunciated by 
Montesquieu
C. Checks and Balances of Power
D. Impact of the Doctrine
IV. EVALUATION OF THE DOCTRINE OF SEPARATION OF POWERS
A. Key Benefits And Advantages Of The Doctrine Of Separation Of Powers
B. Defects of the Doctrine
V. SEPARATION OF POWERS IN PRACTICE
A. Separation of Powers in Britain
B. Separation of Powers in the United States of America
C. Separation of Powers in India
46
UNIT 01: CHAPTER 3
Separation of Powers
I. OBJECTIVES
Students shall:
i. Gain knowledge about separation of powers.
ii. Gain knowledge about the limitations.
iii. Understand the application of the Doctrine of Separation in modern constitutions.
1. Label the pictures by choosing one of the following:
a. Legislature
b. Judiciary
c. Executive
Take this quiz to find out how much you know. 
2. The Legislature enables the Government to _____ laws.
a) interpret and enforce
b) frame laws and amend 
3. The written Constitution defines the ________.
a) power of the three organs
b) ii role of the councilors
4. The words 'Í am the State' which sparked the Separation of power are attributed to ___
a) James I
b) Louis XIV
47
5. The words "Power halts power'' suggest that the separate functions of the 
a) Government will operate as balance against the other two
b) Each will block and tackle the other to stop encroachment
6. The famous Declaration of Rights took place in 1789,_____ the French Revolution?
a) during 
b) after
c) before
7. The powers of the legislature, executive and judicial arms are better described as ___
a) initiatives
b) ii functions
8. The parliamentary Form of Government combines______ powers.
a) legislative and executive
b) executive and judiciary
9. Greater power of the Executive arm is required to extend services and rights for the 
people.
a) Welfare State
b) Theocratic State
10. The Indian Constitution is broadly similar to that of ________
a) Britain
b) United states
c) France
11. The Executive head in India is the __________
a) Prime Minister
b) President
c) Chief Minister
Share what you have learnt through the class discussion.
Page 4


Chapter 3
Separation of Powers
CONTENTS
I. OBJECTIVES
II. CONCEPT OF SEPARATION OF POWERS
III. HIISTORICAL BACKGROUND AND ORIGIN
A. Montesquieu's Doctrine of Separation of Powers
B. Basic Features of the Doctrine Separation of Powers as Enunciated by 
Montesquieu
C. Checks and Balances of Power
D. Impact of the Doctrine
IV. EVALUATION OF THE DOCTRINE OF SEPARATION OF POWERS
A. Key Benefits And Advantages Of The Doctrine Of Separation Of Powers
B. Defects of the Doctrine
V. SEPARATION OF POWERS IN PRACTICE
A. Separation of Powers in Britain
B. Separation of Powers in the United States of America
C. Separation of Powers in India
46
UNIT 01: CHAPTER 3
Separation of Powers
I. OBJECTIVES
Students shall:
i. Gain knowledge about separation of powers.
ii. Gain knowledge about the limitations.
iii. Understand the application of the Doctrine of Separation in modern constitutions.
1. Label the pictures by choosing one of the following:
a. Legislature
b. Judiciary
c. Executive
Take this quiz to find out how much you know. 
2. The Legislature enables the Government to _____ laws.
a) interpret and enforce
b) frame laws and amend 
3. The written Constitution defines the ________.
a) power of the three organs
b) ii role of the councilors
4. The words 'Í am the State' which sparked the Separation of power are attributed to ___
a) James I
b) Louis XIV
47
5. The words "Power halts power'' suggest that the separate functions of the 
a) Government will operate as balance against the other two
b) Each will block and tackle the other to stop encroachment
6. The famous Declaration of Rights took place in 1789,_____ the French Revolution?
a) during 
b) after
c) before
7. The powers of the legislature, executive and judicial arms are better described as ___
a) initiatives
b) ii functions
8. The parliamentary Form of Government combines______ powers.
a) legislative and executive
b) executive and judiciary
9. Greater power of the Executive arm is required to extend services and rights for the 
people.
a) Welfare State
b) Theocratic State
10. The Indian Constitution is broadly similar to that of ________
a) Britain
b) United states
c) France
11. The Executive head in India is the __________
a) Prime Minister
b) President
c) Chief Minister
Share what you have learnt through the class discussion.
48
II. CONCEPT OF SEPARATION OF POWERS
In the previous chapter of this book, we examined the different organs of government. For the 
preservation of the political liberty of the individuals and democracy, it becomes necessary in a 
state to establish special organs for the exercise of powers. The powers of the government are 
divided between its organs in accordance with the nature of powers to be exercised. Broadly, the 
powers of a government in a state have been classified as the power to:
i. Enact laws i.e., powers of the Legislature.
ii. Interpret laws i.e. powers of the Judiciary. 
iii. Enforce laws i.e. powers of the Executive.
The theory of separation of powers in its simplest form implies that all the above functions 
should be entrusted to three different authorities. The three organs of the government should be 
kept separate and distinct. One organ should be independent of the control of others.
Our  Constitution
 Each organ shall exercise its powers within its own sphere. This doctrine entails that each organ 
shall not encroach upon or interfere with the powers and independence of other organs of 
government. If any organ encroaches into the terrain of the other organ, it shall be checked by 
another organ of the government. Thus, no new organ is created over and above the existing 
organs of government, to check encroachment. 
On the whole, separation of powers requires the existence of a written Constitution to define the 
formal powers of each organ. The powers shall be so defined and divided to create a system of 
checks and balances of powers among the organs. This view finds support from the writings of 
Carl J. Friedrich(1901-1984), a German-American political theorist.
In the words of Wade and Phillips (Constitutional Law, 1960), separation of powers may mean 
three different things:
Page 5


Chapter 3
Separation of Powers
CONTENTS
I. OBJECTIVES
II. CONCEPT OF SEPARATION OF POWERS
III. HIISTORICAL BACKGROUND AND ORIGIN
A. Montesquieu's Doctrine of Separation of Powers
B. Basic Features of the Doctrine Separation of Powers as Enunciated by 
Montesquieu
C. Checks and Balances of Power
D. Impact of the Doctrine
IV. EVALUATION OF THE DOCTRINE OF SEPARATION OF POWERS
A. Key Benefits And Advantages Of The Doctrine Of Separation Of Powers
B. Defects of the Doctrine
V. SEPARATION OF POWERS IN PRACTICE
A. Separation of Powers in Britain
B. Separation of Powers in the United States of America
C. Separation of Powers in India
46
UNIT 01: CHAPTER 3
Separation of Powers
I. OBJECTIVES
Students shall:
i. Gain knowledge about separation of powers.
ii. Gain knowledge about the limitations.
iii. Understand the application of the Doctrine of Separation in modern constitutions.
1. Label the pictures by choosing one of the following:
a. Legislature
b. Judiciary
c. Executive
Take this quiz to find out how much you know. 
2. The Legislature enables the Government to _____ laws.
a) interpret and enforce
b) frame laws and amend 
3. The written Constitution defines the ________.
a) power of the three organs
b) ii role of the councilors
4. The words 'Í am the State' which sparked the Separation of power are attributed to ___
a) James I
b) Louis XIV
47
5. The words "Power halts power'' suggest that the separate functions of the 
a) Government will operate as balance against the other two
b) Each will block and tackle the other to stop encroachment
6. The famous Declaration of Rights took place in 1789,_____ the French Revolution?
a) during 
b) after
c) before
7. The powers of the legislature, executive and judicial arms are better described as ___
a) initiatives
b) ii functions
8. The parliamentary Form of Government combines______ powers.
a) legislative and executive
b) executive and judiciary
9. Greater power of the Executive arm is required to extend services and rights for the 
people.
a) Welfare State
b) Theocratic State
10. The Indian Constitution is broadly similar to that of ________
a) Britain
b) United states
c) France
11. The Executive head in India is the __________
a) Prime Minister
b) President
c) Chief Minister
Share what you have learnt through the class discussion.
48
II. CONCEPT OF SEPARATION OF POWERS
In the previous chapter of this book, we examined the different organs of government. For the 
preservation of the political liberty of the individuals and democracy, it becomes necessary in a 
state to establish special organs for the exercise of powers. The powers of the government are 
divided between its organs in accordance with the nature of powers to be exercised. Broadly, the 
powers of a government in a state have been classified as the power to:
i. Enact laws i.e., powers of the Legislature.
ii. Interpret laws i.e. powers of the Judiciary. 
iii. Enforce laws i.e. powers of the Executive.
The theory of separation of powers in its simplest form implies that all the above functions 
should be entrusted to three different authorities. The three organs of the government should be 
kept separate and distinct. One organ should be independent of the control of others.
Our  Constitution
 Each organ shall exercise its powers within its own sphere. This doctrine entails that each organ 
shall not encroach upon or interfere with the powers and independence of other organs of 
government. If any organ encroaches into the terrain of the other organ, it shall be checked by 
another organ of the government. Thus, no new organ is created over and above the existing 
organs of government, to check encroachment. 
On the whole, separation of powers requires the existence of a written Constitution to define the 
formal powers of each organ. The powers shall be so defined and divided to create a system of 
checks and balances of powers among the organs. This view finds support from the writings of 
Carl J. Friedrich(1901-1984), a German-American political theorist.
In the words of Wade and Phillips (Constitutional Law, 1960), separation of powers may mean 
three different things:
49
i. The same persons should not form part of more than one of the three organs of the 
Government,
ii. One organ of the government should not control or interfere with the exercise of its 
function by another organ
iii. One organ of the government should not exercise the functions of another
The concept of separation of powers can be traced to Aristotle (384 -322 B.C). Aristotle in his 
treatise Politics called the three organs of the government as deliberative, executive and 
judicial. He gave the description about the organization and functions of these organs, without 
mentioning their separation from each other. In the 14th century, the Italian thinker Marsilius of 
Padua (1275-1342)drew a clear distinction between legislative and executive functions of the 
government. In the 16th century, the French philosopher Jean Bodin (1530-1596) stated that 
judicial functions must be performed by the independent Magistrate, free from the influence of 
the Monarch.
In the 17thcentury, the British political thinker John Locke (1632-1704) deduced from a study of 
the English constitutional system that political power was to be divided among several bodies. 
According to Locke, the executive and federative powers can be combined but the union of 
executive and legislative organs shall be prohibited to protect the political liberty of people. 
According to him, an ideal form of government is civil government with limited powers.
The most original, systematic as well as scientific elaboration of the concept of 'separation 
of powers' has been given by the French philosopher Baron De Montesquieu (1689-1755) in 
the 18th century. Montesquieu's theory on 'separation of powers' has become the model for 
governance of all democracies. 
During his time, he saw the oppressive and despotic rule of French King Louis XIV (1661-
1715). The ruler enjoyed the absolute powers of State, and the prevailing dictum was,"I am 
the State". Liberty of the people was suppressed under the despotic rule of the King and his 
administrators.
During his visit to England, Montesquieu experienced the sense of liberty and freedom 
enjoyed by the citizens of England. He was very impressed with the thoughts of Locke. He 
compared their system of governance with the system prevailing in his country. He 
examined the separation of powers of the government, and their exercise by separate 
organs of the government namely, the King, Parliament and the law courtsin the 
governance structure in England.
III. HISTORICAL BACKGROUND AND ORIGIN
A. Montesquieu's Doctrine of Separation of Powers