Separation of Powers
/ˌsɛpəˈreɪʃən əv ˈpaʊərz/
Constitutional Doctrine
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Definition
The doctrine that government power should be distributed among three independent branches — the legislature (Parliament), the executive (government/Cabinet), and the judiciary (courts). Each branch has distinct functions, and each serves as a check on the others ('checks and balances'). In India, the doctrine is part of the basic structure of the Constitution though not as rigidly applied as in the USA.
Examples
Case Study
In Ram Jawaya Kapur v. State of Punjab (1955), the Supreme Court held that India has not adopted a strict separation of powers. The Constitution does not vest executive power exclusively in any one organ — it allows overlap between legislature and executive in the parliamentary system. However, in Indira Nehru Gandhi v. Raj Narain (1975), the Court held that Parliament cannot by amendment exercise judicial power (like declaring election disputes decided) — a clear separation of powers violation.
Key Cases
Indira Nehru Gandhi v. Raj Narain
1975AIR 1975 SC 2299
The 39th Amendment, which declared that election of PM/Speaker could not be challenged in courts, was struck down as a violation of separation of powers and basic structure. Parliament cannot exercise judicial power.
View on Indian Kanoon →Ram Jawaya Kapur v. State of Punjab
1955AIR 1955 SC 549
India does not adopt strict US-style separation of powers. Parliament and executive can overlap, but judiciary remains independent. Foundational Indian case on the nature of separation of powers under the Constitution.
View on Indian Kanoon →