The Doctrine of Separation of Powers deals directly with the three organs of the government – the legislature, the judiciary and the executive – and tries to instil exclusivity in their operation. The fact of the matter remains that the Doctrine of Separation of Powers, as put forth and envisioned by Montesquieu has not been implemented in its strict sense in India because it describes an idealistic situation. In the Indian context, the three organs of government cannot be separated into water-tight compartments and an adaptive and flexible principle of separation of powers is followed instead.
The Theory of Separation of Powers has a few key elements to it as Montesquieu envisioned; (a) The same person should not form a part of more than one of the three organs of the government. (b) One organ of the government should not interfere with any other organ of the government. (c) One organ of the government should not exercise the functions assigned to any other organ.
Merits of separation of powers
1) Freedom and liberty:The freedom and liberty of individual are protected by the hands of the government, since the constitution has these rights are independence to protect them.
2) Excesses of performance:This is cancelled on the part of the groups exercising the functions.
DEMERITS OF SEPARATION OF POWER
- Abuse of power:The sharing of power system which means separation of power can in one way or the other use to abuse power, the possibility of separation of powers, checking the abuse of power and violation of rights of the citizens, cannot be achieved.
- Delays function:the principle of separation of power makea very long process in other to achieve some aim that might be subject to check from other part or other arms, the principle of separation of power which work best with checks and balances might cause bureaucracy in passing on a decision, and bureaucracy is an idea whereby lengthy debate are passed
on issues that should be fast implemented.
In India we do not have rigidity in sop,but have relative sop.There is no water tight separation in the three branches of government ie legislative,executive and judiciary.
The judiciary ie the judges of the SC and HC can be removed only by the process of impeachment by the parliament.The executives are responsible to the Legislature .Similarly the SC,HC can overturn the legislations passed by legislature.All the three organs are interconnected and there is balance of power.With no particular organ of government yielding more power than other,Indian system of government establishes a classic example of balance of power.