Structure of Governemnt and Doctrine of separation of powers
Structure of Government and Doctrine of Separation of Powers
1. Structure of Government
The government in modern democracies, including India, is typically divided into three branches:
a) Legislative Branch
Responsible for making laws.
In India: Parliament (Lok Sabha + Rajya Sabha) at the center, and State Legislatures at the state level.
b) Executive Branch
Responsible for implementing and enforcing laws.
In India: The President, Prime Minister, Council of Ministers, and Civil Services.
c) Judicial Branch
Responsible for interpreting laws and ensuring justice.
In India: Supreme Court, High Courts, and subordinate judiciary.
This tripartite division is designed to ensure a system of checks and balances.
2. Doctrine of Separation of Powers
Definition:
The Doctrine of Separation of Powers is a constitutional principle that mandates the division of government powers into three branches — legislature, executive, and judiciary — each functioning independently without encroaching on the others’ domain.
Origin:
The doctrine traces back to Montesquieu’s “Spirit of Laws” (1748), advocating separation as a guard against tyranny.
Purpose:
To prevent concentration of power.
To maintain checks and balances.
To safeguard liberty and democracy.
3. Separation of Powers in India
The Indian Constitution does not explicitly mention the doctrine but follows a functional separation.
It provides checks and balances while maintaining interdependence among branches.
For example:
The executive is responsible to the legislature (parliamentary system).
The judiciary can review legislation and executive actions (judicial review).
The legislature controls the executive through confidence motions, budget approval, etc.
4. Judicial Interpretation and Application
The Indian judiciary has recognized the doctrine of separation of powers as a basic feature of the Constitution, ensuring each organ functions within its limits but recognizing some overlapping and cooperation.
5. Key Case Laws on Doctrine of Separation of Powers and Structure of Government
⚖️ 1. Kesavananda Bharati v. State of Kerala, AIR 1973 SC 1461
Facts:
The case dealt with the extent of Parliament’s power to amend the Constitution.
Held:
The Supreme Court propounded the Basic Structure Doctrine, including the Doctrine of Separation of Powers as a basic feature that cannot be abrogated.
Principle:
The separation of powers is an essential feature of the Constitution and judicial review protects it.
⚖️ 2. State of Rajasthan v. Union of India, AIR 1977 SC 1361
Facts:
Questioned the extent of executive power and legislative control.
Held:
The Court held that while the three organs are separate, the doctrine is not rigid; a functional overlap is necessary in a parliamentary democracy.
Principle:
Separation of powers is flexible and pragmatic, not absolute.
⚖️ 3. Indira Gandhi v. Raj Narain, AIR 1975 SC 2299
Facts:
Challenge to electoral disqualification imposed by the legislature.
Held:
The Court reiterated that no organ should exercise the functions of the other beyond constitutional provisions.
Principle:
The judiciary acts as a protector of the separation of powers through judicial review.
⚖️ 4. Union of India v. Sankalchand Himatlal Sheth, AIR 1977 SC 232
Facts:
The case examined the powers of the legislature to interfere with the judiciary.
Held:
It was held that the legislature cannot exercise judicial powers, as it violates separation of powers.
Principle:
The legislature cannot usurp the functions of the judiciary.
⚖️ 5. Rojer Mathew v. South Indian Bank Ltd., (2019) 2 SCC 287
Facts:
Questioned whether tribunals could exercise judicial power.
Held:
The Supreme Court held that tribunals exercise judicial functions but are not courts, and their constitution must maintain independence consistent with separation of powers.
Principle:
Separation of powers demands judicial independence even for quasi-judicial bodies.
6. Summary of Principles from Cases
| Case | Principle Established |
|---|---|
| Kesavananda Bharati (1973) | Separation of powers is part of the basic structure doctrine. |
| State of Rajasthan (1977) | Separation is flexible, allowing functional overlap. |
| Indira Gandhi v. Raj Narain (1975) | Organs must not encroach beyond constitutional limits. |
| Union of India v. Sankalchand (1977) | Legislature cannot exercise judicial powers. |
| Rojer Mathew v. South Indian Bank (2019) | Tribunals must maintain judicial independence. |
7. Conclusion
The Structure of Government in India reflects the division into legislative, executive, and judicial branches, designed to maintain checks and balances essential for democracy.
The Doctrine of Separation of Powers, though not rigidly applied, is recognized as a basic feature of the Indian Constitution. The judiciary has safeguarded this doctrine, ensuring no organ exceeds its constitutional role, thus preserving the balance of power and protecting the rule of law.
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