Q. What is the doctrine of 'Separation of Power'? How far is it followed in the constitution of India? [20 marks - 2015]
Q.  Explain the meaning of 'Separation of Power'. [4 marks - 2016]
Q. The doctrine of separation of power [4 marks - 2017]
Q. What do you mean by Doctrine of Separation of Power? Discuss. [20 marks - 2021]
Q. What do you mean by Doctrine of 'Separation of Powers'. Discuss its importance in the context of Administrative Law.  [20 marks - 2022]
Q. Doctrine of separation of powers speaks about the division of the legislative, executive and judicial functional of government among separate. Discuss this doctrine with the help of decided cases. How this doctrine is implicit in our constitution. Discuss. [20 marks - 2023]

Separation of Power

Meaning

The doctrine of separation of powers means that the three organs of the government, i.e., the executive, legislature and judiciary are separated and distinct. They cannot exercise the powers vested on other departments. These organs are independent of one another and do not encroach upon the authority given to other organs.

Importance of Doctrine of Separation of Power

Concentration of power in one branch of the government is detrimental to the very purpose of democracy. Concentration of power gives rise to maladministration, corruption, nepotism and abuse of power. The doctrine of Separation of Powers keep the democracy alive by ensuring that:

(i) There is no autocracy in the system

(ii) Individual liberty is safeguard

(iii) Increased efficiency in administration

(iv) Independence of judiciary is maintained 

(v) The constitution is protected

Separation of Power in the Constitution of India

The doctrine of separation of powers implicit in the Constitution of India. It is and integral part of the basic structure of the Constitution. Though, the Constitution does not explicitly mention this doctrine, separation of power is suggested through various articles of the Constitution. Prominent of those are discussed below:

Article 50: Under the Directive Principles of State Policy, it is suggested to separate the judiciary form the legislature.

Article 123: The President, being the executive head of the country, is empowered to exercise legislative powers (Promulgate ordinances) in certain conditions.

Articles 121 and 211: The legislatures have not authority to discuss the conduct of a  the Supreme Court or High Court judge except incase of impeachment.

Article 361: The President and Governors enjoy immunity from court proceedings.

Checks and balances to protect the basic structure of the constitution

The judiciary has the power of judicial review over the actions of the executive and the legislature.

The judiciary has the power to strike down any law passed by the legislature if it is unconstitutional or arbitrary as per Article 13 (if it violates Fundamental Rights).

It can also declare unconstitutional executive actions as void.

The legislature also reviews the functioning of the executive.

Although the judiciary is independent, the judges are appointed by the executive.

The legislature can also alter the basis of the judgment while adhering to the constitutional limitation.

Checks and balances ensure that no one organ becomes all-too powerful. The Constitution guarantees that the discretionary power bestowed on any one organ is within the democratic principle

Leading Cases on the Doctrine of Separation of Power

Kesavananda Bharati Case (1973): In this case, the SC held that the amending power of the Parliament is subject to the basic features of the Constitution. So, any amendment violating the basic features will be declared unconstitutional.

Swaran Singh Case (1998): In this case, the SC held the UP Governor’s pardon of a convict unconstitutional.

Ram Jawaya Kapoor V State of Punjab

Indira Nehru Gandhi V Raj Narain