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The Theory of Separation of Powers

The Theory of separation of powers was put forward by Montesquieu.He is one of the three philosopher who influenced French revolution.Other two philosophers are Rousseau and Voltaire.Montesquieu is a judge,social and political philosopher.Montseque put forward his theory in his book The spirit of laws.It is the first book written constitutional principles.The first book explains separation of powers doctrine,the core functions of the branch and struggles between the branches.In this book he stressed the need for a constitutional government,with three separate branches each of which should have the defined ability to check the power of the other.

Otherwise the theory states that one person or body of persons should not exercise all the three powers of the government.The three pillars of government are Legislature,Executive and Judiciary.Each organ should restrict itself to its own sphere and restrain from indulging in to the sphere of other branch.So that there is no authoritarianism.This concept adopted many constitutional governments throughout the world.

The LegislatureLegislature means body which frames laws.India is a parliamentary democracy,with inspiration from Britain parliamentary system.Indian government has two houses they are Loksabha and Rajyasabha.Lok Sabha is the lower house of parliament.It is comprised of directly elected individuals.Rajyasabha is the upper house of parliament it is composed of indirectly elected individuals.They are nominated by state governments in India.That is representatives from federal states.Rajya Sabha is a permanent house.Every Rajya Sabha member retired in every 6 years.

The Executive- The executive body enacts laws.Executive comprises of Government officials which implement decisions of the government.Bureaucracy comes under executive.All the government officials civilians,Police,Taxes and all other departments come under the executive.In India Central Government employees implement the decision of the government of India.

The Judiciary- Judiciary implements the law.In India Judiciary is independent.It is declined from the two government organs.India adopted this concept from the American constitution.Supreme court is the apex authority which controls Judiciary.At present there are 31 judges in Supreme court.Supreme court appoints judges to all other High courts in India.Only Supreme court has the authority to interpret the Indian constitution.

The importance of separation of powers

The intent of separation of powers is to prevent the concentration of unchecked power and to provide for checks and balances,in which powers of one branch of government are limited by the powers of other branches.

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