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

Introduction

The Constitution delineates the structure, roles, and functions of each organ of the State, establishing norms for their interrelations, checks, and balances. Embedded within this framework is the doctrine of separation of powers, wherein the executive, legislature, and judiciary function autonomously as distinct entities.

Separation of Powers:

• The doctrine posits that state power is not a singular entity but comprises various governmental functions carried out independently by distinct state bodies. Its aim is to ensure autonomy among government branches, minimizing external interference and curbing the concentration of power to mitigate potential abuses.
• Though not explicitly stated, the Indian Constitution implicitly adheres to the principle of separation of powers, with provisions facilitating a reasonable division of functions and powers among the three organs of Government.

Constitutional Articles:

• Article 50 mandates the separation of the judiciary from the executive to safeguard judicial independence.
• Articles 122 and 212 shield parliamentary and legislative proceedings from judicial scrutiny, granting legislators certain privileges, such as immunity from legal repercussions for parliamentary speech.
• Articles 121 and 211 prohibit the discussion of judicial conduct in Parliament and state legislatures, respectively.
• Articles 53 and 154 vest executive power in the President and Governors, granting them immunity from civil and criminal liability.
• Article 361 shields the President and Governors from court intervention in the exercise of their powers and duties.

Functional Overlap:

• Despite distinct roles, functional overlap occurs, such as legislative exercises of judicial powers and executive influence over judicial appointments.
• Ministers hold dual roles as members of the legislature and executive.
• Executive entities, like the President or Governor, can exercise legislative powers, such as promulgating ordinances in the absence of legislative sessions.
• Additionally, executive bodies and administrative tribunals perform quasi-judicial functions, blurring the lines between executive and judicial domains.
• Moreover, the Indian system lacks personnel separation among the three branches.

Judicial Pronouncements

• The Constitution lacks a formalistic division of powers, with judicial rulings shaping its application over time.
• In cases like the re Delhi Laws Act and Keshavananda Bharti, the Supreme Court affirmed the doctrine's significance within the constitutional framework.
• The Indira Gandhi vs Raj Narain case underscored the broad sense of separation of powers in the Indian Constitution, diverging from the rigid separation seen in the American model.

Concept of Checks and Balances:

The system of checks and balances operates through mechanisms where various governmental bodies impose checks on each other through specific provisions. Its objective is to ensure that different branches of government internally oversee each other (checks) and act as counterweights to the power held by other branches (balances).

• The judiciary exercises judicial review over the actions of both the executive and the legislature.
• Under Article 13, the judiciary has the authority to invalidate any legislation that violates constitutional principles or fundamental rights.
• Similarly, it can nullify executive actions deemed unconstitutional or arbitrary.
• The legislature also oversees the functioning of the executive branch.
• Although the judiciary operates independently, judges are appointed by the executive.
• Additionally, the legislature can modify the basis of judicial decisions while adhering to constitutional constraints.
• Checks and balances prevent any single organ from becoming overly dominant, ensuring that discretionary powers granted to any branch remain within democratic norms.

Conclusion

• The Constitution of India does not adhere strictly to the principle of separation of powers.
• However, this flexibility is crucial to facilitate fair and equitable governance while promoting close coordination among branches.
• All components of the system are interconnected and collaborate in the pursuit of nation-building goals.