The concept of separation of powers is that the basic element for the governance of a democratic country. This principle endorses fairness, impartiality, and uprightness within the working of a government. Although it’s not followed within the strict sense yet, most of the democratic countries have adopted its diluted version in their respective constitution.
Meaning: – The term “trias politica” or ‘separation of powers’ was first coined by Montesquieu in 18th century French social and political philosopher. Under his model, the political authority of the state is split into Legislature, Executive, and Judiciary powers.
Generally, all the powers of the govt. will be categories into these three classes:
(1) Enactment of law created
(2) Interpretation of the enacted laws
(3) Enforcement of the enacted laws Separation of power, therefore, refers to the division of presidency responsibilities into distinct branches to limit anybody branch from exercising the core function of another.
Historical origin and Evolution: –
The doctrine of separation of powers is of ancient origin. The separation of powers concept was 1st originated in Greek and has become widespread within the Roman Republic as a part of the initial constitution of the Roman Republic. The history of the origin of the doctrine traceable to Aristotle in the 16th and 17th centuries, French philosopher John Bodin and British politician Locke respectively had expounded on the doctrine of separation of powers.
But it was Montesquieu ( a French jurist) who initially conveyed scientific evidence of separation of powers in his book “Espirit des Lois ” (The spirit of laws). Montesquieu’s view: – Montesquieu said that – ‘The accumulation of all power’s legislature, executive, and judicial within the same hand’s weather of 1, a few, or many and whether hereditary, self-appointed or elective, may justly be pronounced the very definition of tyranny.
Aristotle(384-322BC) in his book “The politics” stated that “These are three elements in each Constitution in respect of which each serious lawgiver must explore for what’s advantageous to it; of those are well arranged, the constitution is beyond to be arranged and also the differences in constitutions are sure to correspond to the difference between each of those elements.
The three are first the deliberative (which discuss everything of common importance), second the officials; and third the judicial element.
Objectives of separation of powers: –
(1) It aims to eliminate arbitrariness, totalitarianism, and tyranny and promote an accountable and democratic variety of government.
(2) It prevents the misuse of powers within the various organs of the govt..
(3) It keeps a check on all the branches of the govt by making them in control of themselves.
(4) This principle allows all the branches to specialize themselves in their respective field to boost and improve the efficiency of the govt.
Elements of Separation of powers: –
(1) Legislative: – Legislative means involving or regarding the method of creating laws. the first function of the legislature is to form laws for the governance of the state. it’s the authority of amending the present rules and regulations furthermore. Generally, in India, the parliament holds the facility of creating rules and laws.
(2) Executive: – The executive is that the part of the govt. exercising authority and holding responsibilities of the governance of the state. the chief executes and enforces laws made by the legislature. The president and therefore the Bureaucrats from the manager branch of the presidency.
(3) Judiciary: – The judiciary is that the branch of authority during a state which is anxious with the law and also the system or is that the system of courts that interprets defends and applies the law within the name of the state and safeguards the rights of the individuals. It can even be thought of because of the mechanism for the resolution of disputes within the state or internationally.