SoP is derived from Montesquieu’s Spirit of Laws (1748) – dividing state power into Legislature, Executive, Judiciary to prevent concentration and arbitrariness.
Separation of Powers in the Constitution
Article 50 – Separation of executive and judiciary (Directive Principle).
Articles 122 & 212 – Courts not to question proceedings of Parliament and State Legislatures.
Articles 121 & 211 – Conduct of judges cannot be discussed in Parliament or State Legislatures (except during impeachment).
Article 361 – President and Governors enjoy immunity; not answerable to courts for exercise of powers and duties.
However, Strict Separation Does Not Exist due to
Legislature & Executive Overlap – Executive is drawn from the legislature (Art. 74 & 75; Art. 163 & 164).
Delegated Legislation – Legislature delegates rule-making powers to executive authorities.
Judicial Functions of Legislature in cases of breach of privilege or impeachment of judges.
Judicial Functions of Executive – pardons and commutations (Art. 72 & 161) by President and Governors.
Checks and Balances in Practice
Judicial Review – Judiciary can strike down unconstitutional laws and executive actions. Eg – NJAC Judgment.
Legislative Control over Executive via questions, motions, and no-confidence votes.
Executive’s Role in appointment of judges through the collegium system consultation.
Judiciary review of laws for conformity with Fundamental Rights and Basic Structure. Eg – Indira Gandhi v. Raj Narain (1975).
Legislative control over judiciary – Eg- 2018 Amendments to Atrocities Act, Impeachment Motions
“Power corrupts, and absolute power corrupts absolutely.” – Lord Acton
Thus, checks and balances are essential to prevent tyranny and preserve democracy.