Emphasizing upon the separation of power in a democracy, he remarked that it is the executive which is accountable to Parliament and the people in election, not the courts.
Concept of Separation of Power
- Associated with the French philosopher Montesquieu, it is a fundamental principle in governance which prevents the concentration of authority in a single entity or individual.
- It divides governmental responsibilities into distinct branches, the legislature, executive, and judiciary.
Significance of Separation of Power in a Democracy
- Prevents abuse of power to protect citizens from tyranny of state by dividing authority in more than one centre. E.g., Article 50 of Indian Constitution separates judiciary and executive.
- It ensures checks and balances, limiting overreach and boosting accountability. E.g., Kesavananda Bharati case, where the Supreme Court limited Parliament’s power to amend the Constitution under the Basic Structure doctrine.
- It upholds rule of law and liberty. E.g., an independent judiciary interprets laws fairly, reinforcing equality.
Separation of power in India
- Unlike the strict separation under the Presidential system of the U.S., India allows functional overlap. E.g., under the parliamentary system of India the executive is drawn from the legislature.
- Ensures independent working: E.g., under Articles 122 and 212, courts are prohibited to inquire into the proceedings of Parliament/State legislatures.
- Pragmatic interdependence: E.g., judges of the Supreme Court and High Courts are appointed by the President.
