14-Jan-2023:  Vice-President of India sparks the debate over the doctrine of separation of powers by citing the Supreme Court's landmark 1973 Kesavananda Bharati case

Doctrine of Separation of Powers

• Division of Legislative, Executive, and Judicial functions
• Article 50 mandates Judiciary-Executive separation
• Constitutional demarcation prevents excessive power concentration
• Defines role and functions of every organ of the State
• Establishes norms for inter-relationships and checks and balances

Instruments of Checks & Balances

Legislature Control:

• On Judiciary: Impeachment, power to amend laws, revalidation
• On Executive: No-confidence vote, question hour, zero hour

Executive Control:

• On Judiciary: Appointments of judges
• On Legislature: Powers under delegated legislation, rules for conduct

Judicial Control:

• On Executive: Judicial review to determine constitutionality
• On Legislature: Unamendability of the constitution under basic structure doctrine

Issues with Separation of Powers

• Weakened opposition in India
• Judiciary averse to checks and balances
• Judicial activism transgressing legislative and executive domains
• Executive over-centralization, weakening of public institutions, curbs on freedom of expression.