Answer:

Introduction:

The doctrine of separation of powers, a cornerstone of democratic governance, is crucial for the efficient functioning and autonomy of the three primary branches of government: the executive, legislature, and judiciary. This separation ensures a system of checks and balances, whereby each branch has distinct and independent roles, preventing the concentration of power and safeguarding democracy. 

Body:

Constitutional Framework in India

In India, the separation of powers is not absolute but functional and is designed to operate within a system of checks and balances. The Indian Constitution does not explicitly mention the separation of powers but embodies it implicitly.

• Legislature: The primary function of the legislature, which includes the Parliament and State Legislatures, is law-making. This body plays a fundamental role, as it lays the groundwork for the executive and judiciary to operate​​.
• Executive: The executive, encompassing the President, Prime Minister, Chief Ministers, and Council of Ministers, is tasked with enforcing laws and administering the country. This branch ensures the implementation of legislative decisions and policies​​.
• Judiciary: The judiciary interprets laws, resolves disputes, and protects the rights of citizens. It includes the Supreme Court, High Courts, and subordinate courts. The judiciary acts as the guardian of the Constitution and ensures that laws align with constitutional principles​​.

The Constitution provides a delicate balance between these branches. For example, the judiciary has the power of judicial review over executive and legislative actions, and the executive is involved in the appointment of judges​​. Additionally, the legislature can enact laws, but these are subject to judicial review if they contravene constitutional provisions​​.

Recent Challenges to the Doctrine in India

Recent developments have raised questions about the weakening of the separation of powers doctrine in India.

• Jan Vishwas Act, 2022: This Act transfers the authority to impose penalties from the judiciary to the bureaucracy, which is a concern as it enables bureaucrats to act as both prosecutors and judges, potentially violating the separation of powers principle​​​​.
• Judicial Overreach: Instances of judicial overreach, where the judiciary is perceived to assume legislative functions, have been noted. Examples include the Supreme Court’s rulings on playing the National Anthem in cinemas, censoring films, regulating liquor sales near highways, cancelling telecom licenses in the 2G case, and intervening in the functioning of the Board of Control for Cricket in India (BCCI)​​.

Conclusion:

While India’s constitutional framework lays a foundation for the separation of powers, recent instances indicate a potential blurring of these boundaries. The Jan Vishwas Act, 2022, and various cases of judicial overreach demonstrate challenges to the doctrine, highlighting the need for continuous vigilance and reevaluation to maintain the balance of power among the branches of government. The evolving dynamics between the executive, legislature, and judiciary underscore the complexity of applying this doctrine in a vibrant and diverse democracy like India.

DOWNLOAD PDF