♤ Functional overlap between Executive and Judiciary:

 The tribunals and other quasi-judicial bodies which are a part of the executive also discharge judicial functions. Administrative tribunals which are a part of the executive also discharge judicial functions.

 The executive may further affect the functioning of the judiciary by making appointments to the office of Chief Justice and other judges.

 Higher administrative tribunals always have a member of the judiciary.

Besides the functional overlapping, the Indian system also lacks the separation of personnel amongst the three departments.

Further, the Constitution of India expressly provides for a system of checks and balances in order to prevent the arbitrary or capricious use of power. Though such a system appears dilatory of the doctrine of separation of powers, it is essential in order to enable the just and equitable functioning of such a constitutional system. By giving such powers, a mechanism for the control over the exercise of constitutional powers by the respective organs is established.

This clearly indicates that the Indian Constitution does not provide for absolute separation of powers. Instead, it creates a system consisting of the three organs of Government and confers upon them both exclusive and overlapping powers and functions.