Separation of Powers in India | Important Acts and Laws for Judiciary Exams PDF Download

Separation of Powers in India

• The doctrine of separation of powers entails the division of state functions among three distinct branches to prevent the concentration of power. While each branch has designated duties, occasional overlap is necessary for efficient governance. For instance, Article 55 of the Indian Constitution illustrates an instance where the executive and legislative functions intersect during the election of the President.
• Following the Keshavanand Bharti judgment in 1975, the Supreme Court upheld the basic structure doctrine despite challenges. This doctrine ensures a balance of power and prevents any one branch from dominating. While a strict adherence to the doctrine may pose challenges, a flexible approach can lead to fair outcomes.
• The Indian Constitution accommodates a parliamentary system with checks and balances to ensure the smooth functioning of government entities. While the separation of powers is crucial, some administrative entities may require limited judicial powers for effective governance. Striking a balance between the three branches is essential to uphold the rights of citizens and ensure just outcomes.