Theory of Separation of Power
The Indian Constitution has been drafted in a way that none of the organs of the Government could interfere with the functions of each other but at the same time, they are interconnected and have checks and balances over each other. The branches of the Government are though independent still, they have been not so tightly that they are neither in a situation to go directionless nor they could function without the help of each other.
The separation of powers divides the administrative machinery into three branches, namely the legislature, the executive, and the judiciary. This doctrine makes the Indian Constitution very special and puts this Constitution that Democracy will always prevail in this country. The doctrine of separation of powers ensures that each branch of government has separate powers and responsibilities.
The Constitution of India provides for a system of checks and balances to ensure that no wing of the Government dominates over the other one or abuses the powers conferred on it.
This system of Government has a lot of advantages which could be translated into the fact that it allows freedom by avoiding concentration of power in one wing/authority, promotes efficiency, and facilitates and enriches democratic debate through all balanced forces.
This principle ensures justice, impartiality and honesty in the administration. The concept of separation of powers refers to an administrative system where powers are divided between different branches of government, with each branch controlling a different administrative unit. India, which has its roots in a parliamentary form of government, which follows the system of separation of powers of three governments in the Constitution of India, but not in its true meaning.
The three important principles of separation of powers are:
- One and the same person cannot belong to more than one power center.
- No government agency can invade or control the citizens of the country.
- No government agency shall exercise the functions and powers of any other agency.
The entire concept of the separation of power is yielded from the principle of By the people, of the people for the people. When the Legislature is by the people, the executive is of the people and the judiciary is for the people.
Three-level machinery of the state:
The Indian Government has been formed on the formula of the Indian Trinity Deities Lord Bharma, Vishnu, and Mahesh.
Where Brahma is represented in the Legislature, Vishnu is represented in the Executive, and Mahesh (Lord Shiva) is represented in Judiciary.
Legislature: -It symbolizes Lord Brahma who is considered to be a creator. The Parliament is the Legislature that makes laws.
Executive:- IT symbolizes Lord Vishnu who is considered to be a preserver. The laws made by the Parliament are implemented by the Executive.
Judiciary:- It symbolizes Lord Shiva who is considered to be the destroyer. The Judiciary reviews the action of the Legislature and the Executive.
Legislature:-
The legislative branch of the government is the regulator, where the main function of the legislator is to draft laws to ensure good governance of the state and also has the right to change the legislative power applicable rules and regulations. It is considered to be the first of the three bodies because enforcement and protection functions are not performed until laws are made. It is directly elected by the Public, therefore, having a direct touch and control of the public. The public has a choice of electing their leaders who would represent them in the parliament. Therefore, the leaders of the Parliament make laws for the country which govern the public. The parliament has two houses, the Lok Sabha and the Rajya Sabha. Members of Lok Sabha are directly elected by the people of the Country whereas the members of Rajya Sabha are elected by the members of Lok Sabha and legislative assemblies.
Executive:-
It consists of the President, the Prime Minister, and his Council of Ministers and bureaucracy. The executive of the government is the main administrative body of the country. The executive mainly implements and controls the laws made by the parliament. The president and the bureaucrats who make up the executive. This is also called Government in India.
Judiciary:-
Judiciary plays a very important role in the functioning of a country because it interprets and applies the laws made by the parliament and protects the rights of its citizens and resolves disputes. According to the Indian Constitution, the Supreme Court is the supreme authority for the interpretation of the constitution, and the judiciary is kept completely independent of the other two branches. The judiciary has been kept beyond the control of the executive and legislature.