Answer:

Generally, there are two commonly followed models of separation of powers between organs of state. One follows Montesquieu’s dictum providing for rigid separation of powers. Other is Westminster model providing for looser separation and is based on the principle of the supremacy of Parliament.

Indian constitution, however, has provided for a unique separation of power. Thus, it provides for a third model of separation of power.

In India, separation of powers has been laid in the Constitution under the following provisions:

♤ Article 50, which states that the state shall take steps to separate judiciary from the executive, to ensure independence of the judiciary.

♤ As per Articles 122 and 212, validity of proceedings of the Parliament and State Legislatures respectively cannot be called into question in any court, thus, ensuring immunity of the members from judicial intervention.

♤ According to Articles 121 and 211, judicial conduct of the judges of the Supreme Court and High Courts respectively cannot be discussed in the Parliament and State Legislatures.

♤ As per Article 361, the President or Governors are not answerable to any court for the exercise and performance of their official duties.

Here, the constitution recognizes three organs of state but it does not expressly vest the different kinds of power in different organs. There is functional overlap in India which is reflected through the following:

♤ Under the Indian Parliamentary system, members of political Executive are part of the Legislature too.

♤ The Legislature exercises judicial powers in case of breach of its privilege, impeachment of the President and removal of judges.

♤ The Executive exercises Legislature’s law-making power under delegated legislation and also while passing ordinances.

♤ Tribunals and other quasi-judicial bodies that are a part of the Executive discharge judicial functions and mostly have a member of the judiciary.

♤ The power of deciding the number of judges as well as appointing them is given to the president.

♤ Under the power of judicial review, judiciary can give directions to executive in constitutional and statutory measures

Thus, a system of checks and balances is also prevalent to prevent arbitrary use of power by one organ. Further, the Supreme Court has reiterated the importance of separation of powers in several judicial pronouncements. In the Kesavananda Bharati case (1973), it stated that the doctrine of separation of powers is an integral part of the basic features of our Constitution. The Supreme Court also rejected the National Judicial Appointments Commission Bill(2014) terming it unconstitutional and deemed it a threat to the independence of judiciary.

Thus, in India, system of separation of powers has acquired its own uniqueness with sufficient checks and balances to ensure that no organ of the government exercises arbitrary power.