DOCTRINE OF SEPARATION OF POWERS

• In India, although the parliamentary system resembles that of Britain, it also incorporates elements from the US, notably making the judiciary the guardian of the constitution. This setup empowers the judiciary to review legislative and executive actions, as outlined in Articles 53(1) and 154. Meanwhile, Articles 122 and 212 restrict courts from intervening in parliamentary and state legislature proceedings, ensuring judicial non-interference in legislative matters.
• Additionally, Articles 105 and 194 safeguard parliamentary and legislative immunity for speeches and debates, while Article 50 advocates for judicial independence from the executive. Article 245 assigns law-making powers to Parliament and state legislatures, with Articles 121 and 211 prohibiting discussions on judicial conduct.
• Despite attempts to augment or restrict branch powers, such as the Ninth Schedule and subsequent amendments, the Supreme Court has enforced constitutional principles through landmark judgments. For instance, the Kesavananda Bharati case established the doctrine that Parliament can amend the constitution but must not alter its basic structure, underscoring the court's role in maintaining checks and balances.
• In essence, the Supreme Court's role as guardian of the Indian constitution reinforces the imperative for all branches to operate within their designated spheres, promoting the doctrine of separation of powers and ensuring checks and balances against governmental overreach

The doctrine of separation of powers is a fundamental principle in democratic governance, advocating for the division of governmental authority into three distinct branches: the Legislature, the Executive, and the Judiciary. This principle aims to prevent concentration of power in any single institution, thereby safeguarding against tyranny and promoting accountability within the government.

The concept traces its origins to ancient political philosophy, notably articulated by Aristotle in "The Politics," where he suggested that effective governance requires the separation of different functions of government to avoid abuse of power. Later, John Locke expanded on this idea in his "Two Treatises of Government," advocating for distinct legislative, executive, and federative powers, though he emphasized legislative supremacy under a constitutional monarchy.

The modern formulation of the doctrine is largely attributed to French political philosopher Baron de Montesquieu, who articulated it in his seminal work, "The Spirit of Laws." Montesquieu argued that for liberty to thrive, governmental powers must be divided and balanced among separate institutions, ensuring no single branch becomes too powerful or unaccountable. This concept heavily influenced the framers of the United States Constitution, where it became a cornerstone of the American system of government.

In practice, the doctrine of separation of powers manifests in several ways:

• Legislative Branch: Responsible for making laws, the legislature (Congress in the United States, Parliament in many Commonwealth countries) debates, votes on, and passes legislation.

• Executive Branch: Enforces laws and manages day-to-day operations of government. Led by the President or Prime Minister, this branch includes various departments and agencies responsible for implementation.

• Judicial Branch: Interprets laws and ensures their constitutionality. Courts, led by judges and justices, resolve disputes, uphold rights, and hold the other branches accountable to the constitution.

Each branch operates independently within its constitutionally defined powers, but they also interact through mechanisms like checks and balances. These checks prevent any one branch from becoming too dominant or abusing its authority. For example, the executive may veto legislation passed by the legislature, but the legislature can override this veto with a supermajority vote. Similarly, the judiciary can strike down laws passed by the legislature if they are found to violate constitutional principles.

In countries like India, which adopted the doctrine within its parliamentary framework, the judiciary often plays a crucial role as the guardian of the constitution, ensuring that laws passed by the legislature and actions of the executive comply with constitutional norms and values.

Overall, the doctrine of separation of powers is a foundational principle that underpins democratic governance, ensuring government accountability, protecting individual rights, and preventing the concentration of power in any single entity