5.1.1. Separation of powers

Despite there being no express provision recognizing the doctrine of separation of powers in its absolute form, the Constitution does make the provisions for a reasonable separation of functions and powers between the three organs of government.

The Constitution of India lays down a functional separation of the organs of the State in the following manner:

♤ Article 50 lays down that State shall take steps to separate the judiciary from the executive. This is for the purpose of ensuring the independence of judiciary.

♤ Article 122 and 212 provides validity of proceedings in Parliament and the State Legislatures cannot be called into question in any court. This ensures the separation and immunity of the legislatures from judicial intervention on the allegation of procedural irregularity.

♤ Judicial conduct of a judge of the Supreme Court and the High Courts’ cannot be discussed in the Parliament and the State Legislatures, according to Article 121 and 211 of the Constitution.

♤ Articles 53 and 154 respectively, provide that the executive power of the Union and the State shall be vested with the President and the Governor and they enjoy immunity from civil and criminal liability.

♤ Article 361 declared that the President or the Governor shall not be answerable to any court for the exercise and performance of the powers and duties of his office.