Doctrine of Separation of Powers | Current Affairs & Hindu Analysis: Daily, Weekly & Monthly - UPSC PDF Download

Introduction

The Constitution of a country outlines the framework and responsibilities of each branch of government, setting standards for how they work together and maintain balance. The principle of separation of powers dictates that the three pillars of democracy - the executive, legislative, and judicial branches - have distinct roles and operate independently.

Separation of powers

• The concept of separation of powers in governance implies that state power is divided into different governmental functions, which are carried out independently by state bodies.
• The aim is to ensure that different branches of government work autonomously with minimal interference from each other, reducing the chances of abuse of power. 
• Although not explicitly recognised, the Indian Constitution implies the doctrine of separation of powers by providing a reasonable separation of functions and powers between the three organs of government.

Articles in the Constitution

• Article 50 requires that the state takes measures to separate the judiciary from the executive for ensuring judicial independence.
• Article 122 and 212 state that the validity of parliamentary and legislative proceedings cannot be questioned in any court. Legislators enjoy certain privileges, including freedom of speech, and anything said in Parliament cannot be used against them.
• Article 121 and 211 prohibit discussions in Parliament and state legislature regarding judicial conduct of a judge of the Supreme Court and the High Court, respectively.
• Articles 53 and 154 vest the executive power of the Union and the State with the President and the Governor, respectively, and grant them immunity from civil and criminal liability.
• Article 361 grants immunity to the President and the Governor from being answerable to any court for the exercise and performance of their duties.

Functional Overlap

• The doctrine of separation of powers mandates that different branches of government should work independently of each other to reduce instances of abuse of power. However, in India, there is functional overlap among the three branches of the government, which can lead to a concentration of power and an abuse of power.
• The legislature has the power to make laws and also exercises judicial powers in cases of breach of its privilege, impeachment of the President, and the removal of judges. The executive has the power to make appointments to the judiciary, which can affect its functioning. Moreover, ministers are also members of the legislature, and the President or Governor can exercise legislative power by promulgating ordinances when the legislature is not in session. The tribunals and other quasi-judicial bodies that are a part of the executive also discharge judicial functions, including administrative tribunals.
• Furthermore, the Indian system lacks the separation of personnel among the three branches of the government, which can further complicate matters.

Judicial pronouncements

• Although the Indian Constitution does not provide a formalistic division of powers, the boundaries of the doctrine's applicability have been determined through judicial pronouncements.
• In the Delhi Laws Act case, the Supreme Court observed that one branch of the government should not perform functions that belong to others in India. In the Keshavananda Bharti case, the doctrine of separation of powers was acknowledged as an integral part of the basic features of the constitution. Additionally, in the Indira Gandhi vs Raj Narain case, the court clarified that while there is a broad separation of powers in the Indian Constitution, a rigid separation of powers, as under the American Constitution, does not apply to India.

The idea of Checks and Balances

• The principle of checks and balances establishes a system where different branches of government have mechanisms to restrain each other through specific provisions. The primary purpose is to ensure that each branch of government monitors the others (checks) and serves as a counterweight to the power of the other branches (balances).
• The judiciary has the power of judicial review over the actions of the executive and the legislature. It can declare any law unconstitutional or arbitrary if it violates Fundamental Rights, as per Article 13. It also has the authority to nullify executive actions that are unconstitutional.
• Similarly, the legislature has the power to scrutinize the performance of the executive, and can even modify a judicial verdict while adhering to constitutional limits.
• Though judges are appointed by the executive, the judiciary is independent, and its discretionary power is confined within democratic principles.
• The system of checks and balances aims to prevent any one branch from becoming too powerful. The Constitution ensures that the powers bestowed upon each branch remain democratic.

Conclusion

• It is clear that the Indian Constitution does not strictly adhere to the principle of separation of powers. However, this approach is necessary to ensure a fair and effective functioning of the government, with close coordination among all branches.
• The different organs of the system are interconnected and work together towards the common goal of building the nation.