What is the Separation of Powers?

The separation of powers is the specification prescribing the different functionalities of the three organs of the government, such as the legislature, executive, and judiciary. The legislature deals with the functions pertaining to the laws. The executive department is having the responsibility to implement the laws. The judiciary possesses the prime responsibility of maintaining the laws of the country and resolving conflicts.

How are checks and balances different from Separation of Powers?

In order to maintain the equity of powers among the three bodies, a system of checks and balances has been laid. This system of checks and balances justifies the judicial power to nullify any laws against the constitution passed by the legislature thus ensuring that one body doesn’t become too powerful among all. The separation of powers prescribes the non-imposition of functioning of all the branches and maintains law and order.

What are the Legislature, Executive and Judiciary?

The balance of power is intended to be regulated through the doctrine of separation of powers. The three branches of the government that are the legislature, executive, and judiciary possess different authorities and powers to regulate. Legislature – The main objective lies in instituting the laws and regulations according to the legislature. Executive – The executive department handles the responsibility of implementing the laws that have been instituted in the constitution. Judiciary – It holds the responsibility of resolving conflicts and disputes. It is the protector of the Constitution and governs laws in the judiciary.

What is the Doctrine of Separation of Powers?

The doctrine of separation of powers has been segmented into different segments of society. This is not mentioned in the constitution of India. The articles prescribing the doctrine of separation are such as Articles 50, 53, 154, 122, 212, 121, 211, and 361.

What is the importance of the Separation of Powers between different organs?

The separation of powers is essential for maintaining the balance of power and avoiding the abuse of powers and authority. It is a safeguard for society to protect it from the autocratic and arbitrary powers of the state . Henceforth the separation of powers in the Indian constitution holds enormous essentiality. Meaning of Independent Judiciary Principal Functions of Executive State Legislature

What are the features of Separation of Powers?

The separation of powers prescribes the doctrine to define and segregate the powers to maintain balance in society. Some of the features of the separation of powers are- There have to be separate members in all the branches of the government. There must not be any interference in the three branches of the government. The functions must not be imposed in the branches of the government.

Is there Separation of Powers in India?

Yes, in India separation of powers is vested by segregating the powers between the legislative, judiciary, and executive. It is not strictly followed as in the United States, but there is a provision of checks and balances. It will prevent them in misusing the power. It safeguards individuals from the tyrannical and arbitrary powers of the state. The separation of powers also assists in regulating the independence of all three organs.

Why is the Separation of Powers in India important?

Separation of powers in India is essential as it safeguards the individuals from the tyrannical and arbitrary power exhibition by the state. It aids in maintaining the independence of the organs. It protects the liberty of an individual. It prohibits the legislature from enacting arbitrary laws. It ensures checks and balances on all organs.

What are the disadvantages of Separation of Power?

The major disadvantage of the separation of powers leads to confusion among the organs of government. It can also lead to the rise of envy, and differences of opinion among the organs of the government. It highly affects the administration and prevents the officials from taking the right and accurate decisions.

Who propounded the Doctrine of Separation of Power?

Charles-Louis de Secondat is renowned for formulating the concept of separation of powers . Baron de La Brède et de Montesquieu, was also referred to as Montesquieu. He was a judge who brought the doctrine of separation of powers into the picture. The doctrine of separation of powers is taken by many countries and their constitutions.

Why did federalists argue for a Separation of Powers?

The federalists argued for the separation of powers as they ardently believed that the distribution of the powers to different branches of the government will assist in safeguarding the rights of the individuals. The separation of powers balanced the areas of reach of the different forms of government.

What are the limitations of the Separation of Powers?

Along with the numerous benefits of the separation of powers, there are numerous limitations as well. It can often lead to ineffectiveness and stalemate of the powers. At times of conflict between the two organs, there is a high probability of the situation being at pause.

How to prepare the topic Separation of Powers for UPSC exam?

The doctrine of separation of powers and the different functions of the branches of the government is a highly essential topic for the upcoming exam. The candidates can download the Separation of Powers UPSC PDF to be able to gain knowledge of the concepts and fundamentals of the topic.

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Separation of Powers – Doctrine of Separation of Powers in Administrative Law

Q: Who gave the principle of Separation of Powers?

Initially, the concept of separation of powers was introduced by Aristotle in the 4th century BCE. This concept was followed by the Ancient Roman Republic as well. However, later, this idea was developed by a French philosopher named Monstesquieu in the 18th-century.

Q: Which article talks about Separation of Powers?

Separation of powers indicates the segregation of authorities, responsibilities, and authority between branches of Legislature, Executive, and Judiciary bodies rather than being centrally held. The following articles of the Indian Constitution aid the separation of powers. Following articles of the Indian Constitution aids the Separation of powers: Article 50 Article 53 and Article 154 Article 122 and 212 Article 121 and 211 Article 361

By BYJU'S Exam Prep

Updated on: November 14th, 2023

Separation of Powers is the vesting of the executive, legislative and judicial potentiality of the Government in separate bodies to restrict any one segment from exercising the core functions of another. Although all these three bodies are set to function distinctly, sometimes their scope overlaps thus, the doctrine of separation of powers was introduced in the Indian Constitution.

The separation of powers is included in the basic structure of the constitution of India, but it is not specifically mentioned. It is a cardinal topic from the UPSC exam point of view. A lot of questions have been asked about this topic in the Prelims, Mains, and interviews. Below you will get to know all the essential information about the separation of powers in India, its importance, and the relationship between the legislature, executive, and judiciary.

Table of content

1. What is Separation of Powers in Administrative Law?
2. About Legislature, Executive and Judiciary
3. Doctrine of Separation of Powers
4. Features of Doctrine of Separation of Power
5. History of Separation of Powers Between Different Organs
6. Importance of Separation of Powers in Indian Constitution
7. Separation of Powers UPSC

What is Separation of Powers in Administrative Law?

The doctrine of separation of powers among the three arms of the Indian government was introduced to maintain the balance of power. There is a separation of function among the Legislature and Executive, and the Judiciary to prevent misuse of power and create a balance in the country’s administration.

The separation of powers in India seems to be an impractical concept. That is why most constitutional systems in the classical sense have no strict actions of separation of powers in administration between the three organs of the government.
So, to maintain the equity of powers, a procedure of checks and balances has been instituted.
This system of checks and balances justifies the judicial authority to nullify any law against the constitution passed by the legislature.

About Legislature, Executive and Judiciary

Below are the functions performed by the Legislature, Executive, and Judiciary bodies of the Indian government. There is a separation of power at numerous strata such as the legislature, executive, and judiciary. Each organ possesses different authority and different functions that lead to the smooth functioning of democracy. Check here the separation of powers between different organs between the legislature, executive, and judiciary.

What is Legislature?

The legislature forms the basis for the smooth functioning of the other two bodies. The legislature is responsible for enacting the laws. It is considered to be one of the major bodies because if there is no one to enact the laws, these laws will not be executed properly.

What is Executive?

The executive is the administrative head of the government responsible for implementing the laws enacted by the legislature and enforcing the will of the state. The members of the executive include President/Governors and Prime/Chief Ministers.

What is Judiciary?

The governmental body that is responsible for the settlement of disputes, administrating justice to all citizens, and maintaining laws is the Judiciary. It comprises the district courts, high courts, Supreme courts, and subordinate courts. The Judiciary is set to watchdog democracy. Along with protecting democracy, the judiciary is also considered the safeguard of the Indian constitution. Know more about Judicial Activism and Judicial Overreach for a better understanding.

Doctrine of Separation of Powers

The doctrine of separation of powers indicates the representation that was set by the government where the three bodies, i.e., the legislative, executive, and judiciary, are segmented into different branches instead of working as a single unit. However, this is not mentioned in the Indian constitution. The separation of power is aided by the following articles of the Indian constitution.

Article 50: According to Article 50 of the Indian constitution, the state can take necessary actions to separate executive power from the judiciary. This separation is required to ensure that the judiciary works independently.
Article 53 and 154: States that the executive power of the state shall be vested with the governor. In the case of the Union, the President shall vest the executive powers. Both enjoy immunity from criminal and civil liability.
Articles 122 and 212: As per these articles, the proceedings of the legislatures and the parliament cannot be questioned in any court. Also, the parliamentary statement cannot be used against the legislature in any case.
Article 121 and 211: Article 121 and 211 of the Indian constitution state that the Parliament and Supreme court is not subjected to the judicial conduct of a high court or supreme court’s judge.
Article 361: For performing and exercising the powers and duties of the office, neither the Governor nor the President is answerable to any court.

Features of Doctrine of Separation of Power

There have been a lot of authors that have defined the doctrine as per their understanding. In general, the doctrine of separation of powers can have the following features:

There must be a separate member in capacity in each body. This means that one person with a particular role in one organ cannot be a part of the rest of the two organs.
There must be zero interference in the functioning of the three organs.
There should be zero imposition of function among the organs.

History of Separation of Powers Between Different Organs

The original concept of the separation of powers can be seen back in the work done by Aristotle. The time period of these works was the 4th century BCE. At that period, Aristotle described the three functioning bodies of the government as,

General Assembly
Public Officials
Judiciary

This concept was followed by the Ancient Roman Republic as well. However, this idea was developed by a French philosopher named Montesquieu in the 18th century. He came up with the book De l’esprit des Lois wherein he mentioned the concept of the doctrine of separation of power as a highly systematic and scientific one. His understanding was influenced by the English system, in which he found the inclination toward a huge difference between the three organs of government. John Locke further modified the idea.

Importance of Separation of Powers in Indian Constitution

Since the Indian constitution provides its constituents with certain rights and powers, individuals or groups can make unnecessary use of their powers. So, the concept of separation of powers was created with the sole purpose of preventing the abuse of power. It will guard society against the state’s tyrannical, irrational, and arbitrary powers.

Along with this, it is responsible for safeguarding the freedom of all and allocates each function to the suitable organs of the state for the effective discharge of their respective duties. The significance of the separation of powers can be summarized as follows:

It keeps a check on autocracy.
It helps in creating a better administration that works efficiently.
It maintains the independence of the three organs.
It safeguards the liberty of an individual.
It prevents the legislature from enacting unconstitutional laws and arbitrary.

Judicial Cases Validating Separation of Powers Doctrine

There have been two cases, that further validated the separation of powers and these have been listed here-

Kesavananda Bharati Case (1973): For the Keshavananda Bharti case the highest court meaning the supreme court stated that the Parliament’s amending power is based on the basic features of the Indian Constitution. So, if there is any amendment that violates the basic features, it will be nullified as against the constitution.
Swaran Singh Case (1998): For the case of Swaraj Singh, the Supreme Court using the separation of power, stated the Uttar Pradesh’s Governor’s pardon of a convict against the constitution.

Separation of Powers UPSC

Separation of Powers is one of the critical topics for the UPSC Syllabus. It holds significant importance, and many questions have been asked in the prelims and mains exam. You can also check out the study material to prepare for this topic in a better way. Also, you can download the NCERT Books for UPSC to understand all the related topics in a detailed manner.

The candidates can get the complete details of the topic “separation of powers” and an in-depth analysis of the questions will assist them in getting complete details of the topic. The core concepts and fundamentals will enlighten the candidates in attaining good scores in the upcoming exams.

Separation of Powers UPSC Questions

A lot of questions have been asked about the separation of powers in the UPSC prelims and Mains exam. A sample question is given below for your reference. The candidates can get the complete and whole details of the notes to be able to gain insights into the well-illustrated topics.

Question: Independent judiciary and Division of Power are the two essential characteristics of – [a] Unitary form of government [b] Democratic form of government [c] Federal form of government [d] Socialist form of government.

Answer: C. Federal form of government

Question: What is the doctrine of separation of power?

The meaning of the doctrine of separation of power is a] one organ of the government ought not to take up the functions of the other form [b] one organ ought not to interfere with the functions and work of the other form of government.

Answer: Both A and B are correct

UPSC Notes
Industrial Policy of India	Government of India Act 1935
Biosphere Reserves in India	Morley Minto Reforms
Constitutional Amendment Bill	Subsidiary Alliance
Preamble of Indian Constitution	42nd Amendment Act
Socio-Religious Reform Movements in India	GI Tag
Vedic Period	Major Ports in India