• The doctrine of Separation of Powers deals with the mutual relations among the three organs of the Government, namely legislature, executive, and judiciary, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another.

• The theory of the doctrine of separation of power was first propounded by Montesquieu as early as 1747. Montesquieu found that if power is concentrated in a single person’s hand or a group of people, it results in a tyrannical form of government.

Meaning

• Separation of powers is an organizational structure where responsibilities, authorities, and powers are divided between groups rather than being centrally held.

Definition

• Separation of powers is the distribution of political authority that provides a system of checks and balances to ensure that no single branch becomes too powerful or infringes on the rights of the citizens.

Origin

• The origin of this principle goes back to the period of ancient Greeks. But the main exponent of this theory is Montesquieu. The French Jurist Montesquieu, in his book Spirit of Laws (L. Esprit Des Lois) published in 1748, for the first time enunciated the principle of separation of powers. That’s why he is known as the modern exponent of this theory.

Theory of Separation of Powers

• The Theory of Separation of Powers holds that the three organs of government, i.e., Legislature, Executive, and Judiciary, must be separate and independent from one another.

• Any combination of these three functions into a single or two organs is harmful and dangerous for individual liberty.

• Separation of powers of the three organs is essential for the efficiency of the government and the liberty of the people.

• Government can work systematically and efficiently only when each of its organs exercises its own powers and functions.

• Similarly, the liberty of the people can be protected only when there is no concentration or combination of the three governmental powers in the hands of one or two organs.

• The theory of Separation of Powers holds that for keeping the government limited, which is necessary for protecting the liberty of the people, the three functions of government should be separated and performed by three separate organs.

Montesquieu’s Theory of Separation of Powers

• Montesquieu’s doctrine, in essence, signifies the fact that one person or body of persons should not exercise all three powers of the Government, viz. legislative, executive, and judiciary.

• In other words, each organ should restrict itself to its own sphere and refrain from transgressing the province of the other.

• In the view of Montesquieu:
  “When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty… there is no liberty if the powers of judging are not separated from the legislative and executive… there would be an end to everything if the same man or the same body… were to exercise those three powers.”

Importance

1. Utility of the Doctrine of Separation of Powers

   • The doctrine of Separation of powers emphasizes the mutual exclusiveness of the three organs of the state. The basic premise behind the doctrine of separation of powers is that when power gets concentrated in a single person or a group of persons, they can be dangerous to the citizens. Hence, the principle of separation of powers aims at removing the concentrated power and preventing abuse.

2. Prevent Abuse of Power

   • Unlimited power in the hands of one person or group in most cases means that others are suppressed or their powers curtailed. The separation of powers in a democracy is to prevent abuse of power and to safeguard freedom for all.

3. Sharing Power and Checking One Another

   • The system of separation of powers divides the tasks of the state into three branches: legislative, executive, and judicial. These tasks are assigned to different institutions in such a way that each of them can check the others. As a result, no one institution can become so powerful in a democracy as to destroy this system.

4. Clear Distinctions

   • The separation of powers is also reflected in the fact that certain functions must not be exercised by one and the same person. Thus, the Federal President cannot at the same time be a Member of the National Council, or a judge who is appointed Minister or elected to be a Member of the National Council must be temporarily suspended from his/her judicial duties.

5. Provide for Checks and Balances

   • The intent of separation of powers is to prevent the concentration of unchecked power and to provide for checks and balances, in which the powers of one branch of government are limited by the powers of another branch—to prevent abuses of power and avoid autocracy.

Advantages

1. Protection of Liberty and Rights

   • The theory of separation of powers gives protection to the liberty and rights of the individual and protects him from dictatorship and oppression.

2. Increase in Government’s Efficiency

   • As powers are distributed among the government departments, these departments gain deep knowledge of the matters they work with, and become more efficient.

3. Limited Government

   • As powers are distributed among different departments, these departments enjoy only limited powers. This prevents the rise of dictatorship.

4. Prevents Abuse of Power

   • Separation of powers, accompanied by checks and balances, is an effective check against abuse of power and arrogance of power.

Criticism

1. Complete Separation is Not Possible

   • Complete separation of the three organs of government is neither possible nor desirable. It is not desirable because without mutual coordination, these organs cannot carry out their functions effectively and efficiently. Complete separation of powers can seriously limit the unity and coordination needed by the three organs.

2. Impracticable in Itself

   • We cannot fully use separation of powers. The function of law-making cannot be entrusted only to the legislature. The needs of our times have made it essential to provide for law-making by the executive under the system of delegated legislation. Likewise, no one can or should prevent law-making by the judges in the form of case law and equity law.

3. Separation of Powers Can Lead to Deadlocks and Inefficiency

   • Separation of powers can lead to deadlocks and inefficiency in the working of the government. It can create a situation in which each organ can get engaged in conflict and deadlocks with the other two organs.