Doctrine Of Separation Of Powers
I. INTRODUCTION
For a stable political system, the power holders must be balanced off against each other. Doctrine of Separation of Powers, divides the political authority of the state into three distinct branches, namely:
1.) The Executive,
2.) The Legislature, and
3.) The Judiciary.
The following three organs of the government represent the people and their will in the country and are responsible for the smooth running of the government. This principle deals with the mutual relations among these three organs and tries to bring exclusiveness in the working of the three organs and hence achieve a strict distinction of power. The Legislative organ makes the laws and appropriates the money necessary to operate the government, the Executive implements …show more content…
The Parliament has the power to make laws according to the provisions of the Constitution and the Judiciary is independent and there can be no intervention with its functions either by the Executive or by the Legislature. The power of judicial review is vested with the Supreme Court and the High Courts and they can declare any law unconstitutional passed by The Parliament or the Legislature if it seems to be violative of any provision of the Constitution. Therefore, Separation of Powers, though, is present in India but to what extent it is followed is in question …show more content…
Doctrine of Separation of Powers forms the basis of the American Constitution. The framers believed that this would prevent the rise of an aristocratic government and it is impossible for a single body to exercise such immense powers. Just like the American Constitution, the Indian Constitution also followed the principle of Separation of Powers on the same grounds.
On the other hand, U.K has a parliamentary form of government where the Crown is the nominal head and the legislative functions are carried out by the Parliament. The Cabinet is the head of the executive, not the Crown. It initiates and controls the legislations and also has the power to dissolve the assembly. Therefore, the fact that two powers lie within the single body shows that there is no kind of Separation of Powers in England.
2. In India, the executive powers of the Union and the States are vested with the President and the Governor respectively but there are no provisions that vest the judicial and legislative powers in any particular organ. Prima Facie it appears that our Constitution draws its basis from the Doctrine of Separation of Powers but if we deeply study the Constitution and its provisions, there is no rigid Separation of Powers. In India, there is Separation of functions rather than
For a stable political system, the power holders must be balanced off against each other. Doctrine of Separation of Powers, divides the political authority of the state into three distinct branches, namely:
1.) The Executive,
2.) The Legislature, and
3.) The Judiciary.
The following three organs of the government represent the people and their will in the country and are responsible for the smooth running of the government. This principle deals with the mutual relations among these three organs and tries to bring exclusiveness in the working of the three organs and hence achieve a strict distinction of power. The Legislative organ makes the laws and appropriates the money necessary to operate the government, the Executive implements …show more content…
The Parliament has the power to make laws according to the provisions of the Constitution and the Judiciary is independent and there can be no intervention with its functions either by the Executive or by the Legislature. The power of judicial review is vested with the Supreme Court and the High Courts and they can declare any law unconstitutional passed by The Parliament or the Legislature if it seems to be violative of any provision of the Constitution. Therefore, Separation of Powers, though, is present in India but to what extent it is followed is in question …show more content…
Doctrine of Separation of Powers forms the basis of the American Constitution. The framers believed that this would prevent the rise of an aristocratic government and it is impossible for a single body to exercise such immense powers. Just like the American Constitution, the Indian Constitution also followed the principle of Separation of Powers on the same grounds.
On the other hand, U.K has a parliamentary form of government where the Crown is the nominal head and the legislative functions are carried out by the Parliament. The Cabinet is the head of the executive, not the Crown. It initiates and controls the legislations and also has the power to dissolve the assembly. Therefore, the fact that two powers lie within the single body shows that there is no kind of Separation of Powers in England.
2. In India, the executive powers of the Union and the States are vested with the President and the Governor respectively but there are no provisions that vest the judicial and legislative powers in any particular organ. Prima Facie it appears that our Constitution draws its basis from the Doctrine of Separation of Powers but if we deeply study the Constitution and its provisions, there is no rigid Separation of Powers. In India, there is Separation of functions rather than