IndexAbstractIntroductionThe Doctrine of Separation of Powers in India and the United StatesSeparation of Powers among the Three Government BodiesJudicial PowersJudicial and Legislative PowersExecutive and JudiciaryLegislative and ExecutiveOverlap of FunctionsIndian Cases on Separation of PowerConclusionAbstractThe article examines one of the The most important question that is asked is about the doctrine of separation of power in India and whether the powers of the three bodies of the government i.e. legislative, executive and judiciary overlap. In the first section of the text, the author talks about the origin of the theory of separation of powers mentioned by Montesquieu in his book 'Espirit des Louis' (The Spirit of the Laws). The author further examines the separation of power in India, but mentions the various articles of the Indian Constitution. As well as the Constitution of the United States. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get an original essayThe text also mentions the powers given to the legislative, executive and judicial branches. The text also talks about how the separation of powers is applied in India and the problem of overlapping functions. Finally, the text highlights several cases that discuss the separation of powers doctrine. The document seeks to answer the question: What is the doctrine of separation of powers and what powers are vested in the legislative, executive and judiciary? It is hoped that this study will provide insights into the separation of power in India through an in-depth analysis of the doctrine of separation of power. Introduction The doctrine of separation of power is a very important part of the Constitution of India as it controls and regulates the powers vested in different bodies of government namely the legislature, the executive and the judiciary. The doctrine of separation of powers was first introduced by Montesquieu, a French scholar in 1747 in his book “Espirit des Louis” (The Spirit of the Laws). According to his theory he recommended the division of power between the various organs of the state. The separation of power between the various bodies of government establishes a system of checks and balances that ensures that the various bodies do not become too powerful in one branch. The main role of the legislator is to issue general rules of law that concern the conduct of its citizens and institutions. The main function of the executive body of the government is to enforce the laws established by the legislature. Executive powers are vested in the President and Governor of India as mentioned in Article 53(1) of the Constitution of India. The main function of the judiciary is to prevent the violation of laws and to protect the fundamental rights of citizens. The Supreme Court of India is the apex court and all judicial power is vested in it. Separation of powers in India is enforced by granting different powers and imposing limitations on the three bodies of the government. The separation of power between the judiciary and the legislature can be seen in Articles 122 and 212 of the Constitution of India. Article 368 gives Parliament the power to amend the Constitution which can only be exercised by Parliament and the judiciary must abide by the amendments made by Parliament. Article 53(1) of the Constitution of India vests executive power in the President and the Governor, while Article 124(1) of the Constitution of India vests judicial powers in the highest court of the country i.e., the Supreme Court of India . , executive power is vested in the President of India under Articles 52 and 53 of the Constitution of India. The main problem ofseparation of powers is the overlapping of the functions of the three organs of government. There are various jurisprudence that speak of separation of powers, in particular thatArticle 368 of the Constitution. “Power corrupts, and absolute power tends to corrupt absolutely.”[1] Montesquieu's theory of the doctrine of separation of powerThe theory of the doctrine of separation of power was first proposed by Montesquieu, a French scholar in 1747 in his book "Espirit des Louis" (The Spirit of the Laws).[2] The theory states that if power is given to a single person or a group of people, the result will be a tyrannical form of government. Therefore, Montesquieu recommends that there be a division of power between the various organs of the state, namely legislative, executive and judicial. Montesquieu also suggests in this book that the legislative and judicial powers should not be united and if they are united then there will be no freedom. Furthermore, if the judicial powers are not separated from the executive and legislative powers, even then there will be no freedom. Therefore, Montesquieu in the book suggests that to achieve freedom there should be separation of powers between the legislative, executive and judicial bodies of the government. The Doctrine of Separation of Powers in India and the United States The doctrine of separation of powers states that separate powers are given to the legislative, executive and judiciary and these powers are not intertwined with each other. This doctrine of separation of power is incorporated in various articles of the Constitution such as Article 154 of the Constitution of India which establishes the executive powers of the State. Article 154, paragraph 1, states that "the executive power of the State vests in the governor and is exercised by him directly or through officials subordinate to him, in accordance with the Constitution."[3]. Other articles of the Indian Constitution which deal with separation of powers are Articles 50, 53, 121, 122, 123, 124(1) 154, 211, 212 and Article 361 which confers various state powers and restrictions on the various bodies of the government. The purpose of the doctrine of separation of powers between the three organs of government is to give exclusive powers to the different organs in specific matters. In India there is no strict separation of powers like that of the United States mentioned in Articles I, II and III of the United States Constitution which confer exclusive powers on the legislature, the Presidency (executive) and the judiciary respectively. The separation of power between the various bodies of government establishes a system of checks and balances that ensures that the various bodies do not become too powerful in one branch. This is one of the main objectives of the separation of powers between the three objects of government. All three bodies of government serve as the pillar of democracy in India. Separation of powers between the three organs of government Legislative powers: the legislator enacts general rules of law which are mainly related to the conduct of its citizens and institutions. Lok Sabha and Rajya Sabha are the two bodies of the Indian Union legislature and help in enacting laws, sanctioning loans, levying taxes and writing, debating and passing bills which are in turn passed to the President for approval. A bill becomes law only after it is signed and approved by the President. Thus, emphasizing the system of checks and balances. This power is granted to the President under Article 123 of the Constitution of India. Executive Powers – The main function of the executive branch of the government is to enforce the laws established by the legislature. The executive powers are vested in the President and the Governor of India as mentioned in Article 53(1) of theIndian Constitution. They can veto laws and play an important role in appointing judges and can grant pardons to convicted criminals. Therefore, maintaining the system of checks and balances on the judicial body of the government.Judicial PowersThe main function of the judiciary is to prevent violation of laws and protect the fundamental rights of citizens. The Supreme Court of India is the apex court and all judicial power is vested in it. The judiciary has the role of interpreting the laws created by the legislator but cannot enact new laws. In this sense they depend on the legislative body of the government. Article 124(1) of the Constitution of India grants various rights to the judiciary by creating the Supreme Court of India. Article 124(2) states that the judge of the Supreme Court is appointed by the President, who is the executive, thus creating a system of checks and balances on the judiciary. How is separation of powers enforced in India? Separation of powers in India is enforced by granting different powers and imposing limitations on the three bodies of the government. As mentioned above, different powers are granted to the legislative, executive and judiciary, so the comparison of these powers between these bodies will shed light on the differences between the three and will also lay emphasis on the system of checks and balances between them. Judiciary and legislature, as mentioned. Previously, the powers of the judiciary were to prevent the violation of laws and to protect the fundamental rights of individuals. These fundamental laws and rights are established and created by the legislative body of Parliament. The separation of power between the judiciary and the legislature can be seen in Articles 122 and 212 of the Constitution of India. Articles 122 and 212 state: “The courts shall not inquire into the proceedings of Parliament”[4] stating that the judiciary cannot question the validity of any proceedings of Parliament, thus giving the legislature separate powers from the judiciary. Article 368 gives Parliament the power to amend the Constitution which can only be exercised by the legislature and the judiciary must respect the amendments made by Parliament. Executive and Judicial As previously mentioned, executives are responsible for enforcing laws created by the Legislature. The judiciary complements the executive by ensuring that the rule of law that the executive branch of government must enforce is properly enforced and that laws are not violated, including the fundamental rights of individuals. Article 50 of the Indian Constitution establishes the separation of the powers of the judiciary from the executive. The article reads as “Separation of the judiciary from the executive”[5]. The intention (of the separation of powers between the judiciary and the executive) is always to ensure that the judiciary does not decide cases under the influence of the executives, but rather follows the principle of the rule of law.[6] Article 53(1) of the Constitution of India vests executive power in the President and the Governor, while Article 124(1) of the Constitution of India vests judicial powers in the highest court of the land, i.e., the Supreme Court of India. Executive As mentioned above, the role of the legislature is to enact laws while the role of the executive is to enforce those laws. In India, executive power is vested in the President of India under Articles 52 and 53 of the Constitution of India. He (the Executive) appoints the officials of the Union Government, the Prime Minister and the Council of Ministers on the advice of the Prime Minister, the Chief Justice and the judges of the Supreme Court and the High Court on the advice of the President.