Separation of Powers in India

1. Executive (Enforce Laws)

To protect people’s freedom and democracy, a state needs separate groups to handle different government tasks: making laws (Legislature), interpreting laws (Judiciary), and enforcing laws (Executive). Each group should be independent of the control from others.

Separation of Powers in India: Executive, Legislature & Judiciary

India’s political structure is largely modeled after Britain’s. Both nations have chosen to operate under the Parliamentary System of Government. The legislative, executive, and judicial branches make up the three branches of government established under the Indian Constitution. The President and the two Houses, the Council of States and the House of the People make up the Parliament of India, as per Article 79 (Constitution of Parliament) of the Constitution. The concept of separation of powers, in its strictest definition, has not been included in the Indian Constitution. However, the Indian Constitution, makes clear what each part of the government is supposed to do, and there are rules to stop any part from having too much power compared to the others.

Key Takeaways

The notion of separation of powers ensures that government entities do not overlap or exchange their respective tasks.

The concept of ‘separation of powers’ refers to the division of authority and duties between the legislative, executive, and judicial departments.

The Indian government is organized into three organs: the judiciary, the legislature, and the executive branch. This theory prevents the merger of power.

The Constitution of India has made a distinction between the powers of the different organs of the government, and this is followed impliedly through the system of checks and balances.

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