Kaviya R
“Power corrupts and absolute Power tends to corrupt absolutely”.
We speak a lot about Law, but have you ever wondered, how a Law comes into force? How is it implemented in society? Or how to deal with a question of law?
In India, we have three organs of the Government-
The Legislative makes laws,
The Executive enforces them and
The Judiciary applies them to the specific cases arising out of the breach of law.
The Legislature of the Union is known as Parliament and the Legislature of States is known as the State Legislative assembly.
The Union Executive consists of the President, the Vice-President, and the Council of Ministers with the Prime Minister as the head to aid and advise the President.
The State Executive consists of the Governor and Council of Ministers with the Chief Minister as its head.
The Judiciary comprises the Supreme Court of India, High Courts and Subordinate Courts at District, Municipal and Village levels.
The Doctrine of Separation of Powers aims at separating power and disseminating it such that tyranny by the Government may be prevented entirely, as equal power vests in three separate organs which act as a check and balance for each other.
All these are interlinked organs of the Government and their roles and functions tend to overlap with each other, as it isn’t possible to separate the three from each other completely. For example, the Supreme Court has power to declare void the laws passed by the legislature and the actions taken by the executive if they violate any provision of the Constitution and the executive can affect the functioning of the judiciary by making appointments to the office of Chief Justice and other judges.
Hence, it is evident that the doctrine of Separation of Powers has not been accepted in India in its strict sense as we have functional and personnel overlapping among the three organs.
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