Separation of Powers
•Introduction
• • Separation of Powers divides government
into three organs.
• • Ensures no concentration of power.
• • Promotes accountability and checks and
balances.
2.
Meaning
• • Thedoctrine separates the Legislature,
Executive, and Judiciary.
• • Each organ performs its own functions
independently.
3.
Historical Background
• •Originated from Aristotle.
• • Developed by Montesquieu in 'The Spirit of
Laws'.
• • Adopted in modern democracies.
4.
Objectives
• • Preventmisuse of power.
• • Promote fairness and justice.
• • Ensure efficient functioning of government.
5.
Three Organs
• 1.Legislature – makes laws.
• 2. Executive – implements laws.
• 3. Judiciary – interprets laws.
6.
Indian Context
• •India follows separation of powers in a
flexible manner.
• • Not strict separation but functional
separation.
7.
Legislature in India
•• Parliament and State Legislatures.
• • Power to make laws.
• • Can delegate legislative powers.
8.
Executive in India
•• President, Prime Minister, Council of
Ministers.
• • Administers and executes laws.
9.
Judiciary in India
•• Supreme Court, High Courts, Subordinate
Courts.
• • Independent and impartial.
• • Power of judicial review.
10.
Checks and Balances
•• Legislature controls Executive through
questions, motions.
• • Judiciary checks both through judicial
review.
• • Executive can issue ordinances when
Legislature is not in session.
11.
Landmark Cases
• •Kesavananda Bharati Case – Basic Structure
includes separation of powers.
• • Indira Nehru Gandhi Case – Judicial review
upheld.
• • Minerva Mills Case – Balance of powers
emphasized.
12.
Conclusion
• • Essentialfor democracy.
• • Prevents dictatorship.
• • Ensures good governance and rule of law.
