Doctrine of separation of power signifies the division of different powers in between various organs of the State, Executive, Legislature and Judiciary. It minimises the arbitrary excess by the government since the sanctions of all three branches are required for the making, executing and administering laws. The Doctrine is a part of the basic structure of the constitution although not specifically mentioned. Each organ is dependent on the other organ which checks and balances it. The UPSC Indian Polity and Governance Syllabus includes Doctrine of separation of power which is described in this article.

Doctrine Of Separation Of Power - Historical Background

• In the 4th century BC the concept of separation of power was first seen in the works of Aristotle; he described the agencies of government as the General assembly, public officials and Judiciary.
• Constitutional theory of John Locke (1632-1704) was elaborated about the modern design principle of separation of powers.
• In the 18th century the philosopher Montesquieu made a highly systematic and scientific doctrine whose work is based on the English system.
• Father of the American constitution James Madison articulated that the accumulation of all purposes legislative and executive and judicial in the same hand.

Separation Of Power

Legislature

• The functions of the legislature are to enact laws.
• It is the basis for the functioning of the other two agencies.

Executive

• It implements the laws enacted by the legislature.
• It is the administrative heads of the government - Prime Minister and Chief Ministers , President and Governors.

Judiciary 

• It is a branch of government that interprets the laws, settles the disputes and administers justice of all citizens. 

Doctrine of separation of powers - Significance

• The main objective of doctrine of separation of powers is to prevent the misuse of power within different spheres of government.
• Whenever there is a concentration of power in singular authority there are chances of maladministration, corruption, nepotism, and misuse of power.
• The doctrine of separation of power will ensure that autocracy does not exist in the democratic framework.
• The doctrine helps to create an efficient administration and safeguard the individual Liberty.
• The independence of the judiciary is maintained.
• It prevents the legislature from enacting unconstitutional laws and helps to maintain constitutional balance between the organs of the government.

Constitutional provisions

The functions of the three organs are specifically mentioned in the constitution.

• There is a system of checks and balances in which the various organs can impose checks on one another by certain provisions.
• For example: Judicial review, the judiciary has the power to review the actions of executive and 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)
• The legislature can review the functioning of the executive
• The judiciary is independent the judges are appointed by the executive
• Checks and balances ensure that no one organ becomes all too powerful.

Judicial Pronouncement Upholding The Doctrine Of Separation Of Powers

Ramajogayya v/s the state of Punjab (1955)

• The court held that the doctrine of separation of power is not expressly mentioned in the constitution.
• it stands violated when one organ overlaps the functions of another.

IC Golaknath v/s state of Punjab (1967)

• It creates three major instruments of power namely the legislature, the executive and the judiciary.
• It demarcates the jurisdiction and expects them to exercise their respective powers without overstepping their limits.
• It also forms the basic structure theory.

Keshavananda Bharati v/s state of Kerala (1973)

• In this case the Supreme Court held that the amending power of the parliament is subject to basic features of the constitution.
• It also agreed that three organs of state were subject to the provisions of the constitution.
• The judgement demarcates their respective powers, jurisdiction, responsibilities, and relationship between one another.
• It is stated the separation of power is a part of basic structure.

Indira Gandhi v/s Raj Narayan case (1975)

• The Supreme Court held that the adjudication of dispute is the judicial function and parliament cannot exercise their function.
• The judgement observed that in India the separation of power is broad only, not rigid like an American constitution or Australian constitution.

Functional overlap

• Each organ while performing its function tends to interfere in the sphere of other functionaries because strict demarcation is not possible.
• For example: the legislature exercises the judicial function in case of impeachment of the President (Article 61) and removal of judges.
• Under Article 105, powers, privileges and immunities of the executives.
• Article 74(1) makes it clear that the executive head has to act in accordance with the aid and advice of the cabinet.
• The power to amend the constitution by parliament is subject to the scrutiny of the Court.

Judicial Activism And Judicial Overreach

• Judicial activism refers to the proactive role of the judiciary in the protection of the rights of citizens and promotion of justice in the society.
• Judicial overreach is when the judiciary starts interfering with the proper functioning of the legislative or executive organs of the government.
• Both Judicial activism and Judicial overreach go against the principle of separation of powers, such as law of enforcement, policy making or framing of laws or interfering in day to day activities of the executive.
• It addresses inaction of Legislature and Executive.Makes the judiciary vibrant and pro-people. At the same time, It destroys the spirit of democracy.
• Suo Moto cases and Public Interest Litigation (PIL) have allowed the Judiciary to intervene in many public issues even if there is no complaint from the concerned party.

Recent Incidents

• National green tribunal banning diesel trucks older than 10 years in delhi
• Orders on diwali fireworks, citing rising pollution and safeguarding the environment
• Invalidating the National Judicial Accountability Commission Act seeking to ensure transparency and accountability are being cited as instances of judicial overreach
• Pegasus issue raises dark questions about the Supreme Court and judicial independence
• Monitoring police investigations

Conclusion

The doctrine of separation of power is an inevitable fragment of the development of democracy. None of the three separate organs of the republic can take over the functions assigned to the other. The mutual cooperation of the executive, legislature and judicial, bridges the gap and facilitates smooth functioning of government.