Legal Explainer: The Doctrine of Separation of Powers in India

 Legal Explainer: The Doctrine of Separation of Powers in India

The Doctrine of Separation of Powers is a fundamental constitutional principle that ensures the division of government responsibilities into three distinct branches: Legislature, Executive, and Judiciary. This doctrine prevents the concentration of power in one body, promoting checks and balances essential for a healthy democracy.

Key Features of the Doctrine:

1. Legislature (Makes Laws) – Comprises Parliament (Lok Sabha and Rajya Sabha) at the central level and State Legislatures.
2. Executive (Implements Laws) – Includes the President, Prime Minister, Council of Ministers, and administrative machinery.
3. Judiciary (Interprets Laws) – Consists of the Supreme Court, High Courts, and subordinate courts, ensuring justice and constitutional supremacy.

Constitutional Basis in India:

While the Indian Constitution does not explicitly mention the separation of powers, it is implied through various provisions:

• Articles 53 & 154 – Vest executive power in the President and Governors, respectively.
• Articles 121 & 211 – Restrict the legislature from discussing judicial conduct.
• Article 50 (DPSP) – Advocates for the separation of judiciary from the executive in public services.

Judicial Interpretation:

• In Kesavananda Bharati v. State of Kerala (1973), the Supreme Court recognized separation of powers as part of the basic structure of the Constitution.
• In I.R. Coelho v. State of Tamil Nadu (2007), the Court emphasized that laws violating the basic structure, including the separation of powers, are subject to judicial review.

Importance of the Doctrine:

• Prevents abuse of power by creating institutional checks.
• Ensures efficiency by assigning specialized roles to each branch.
• Protects fundamental rights through judicial oversight of legislative and executive actions.

Though the doctrine is not rigid in India, allowing for some functional overlaps, it remains vital in upholding constitutional democracy and the rule of law.