Answer:

Doctrine of separation of powers implies that legislative, executive, and judicial powers of government are vested in separate bodies. It ensures a system of checks and balances as different organs of the state keep a check on each other and if anyone gets too strong, it is balanced by others.

Indian constitution unlike that of USA does not provide for a strict separation of powers but a passing mention through following provisions:

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

♤ According to Articles 121 and 211, judicial conduct of judges of Supreme Court (SC) and High Courts (HCs) cannot be discussed in legislature except during their impeachment.

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

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

Hence, constitution recognizes three organs of state but it does not expressly vest different kinds of power in different organs. There is a functional overlap reflected through following provisions:

♤ Members of political Executive are part of Legislature too.

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

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

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

♤ Power of deciding the number of judges in SC and HCs is with Parliament and President respectively. Judges are appointed by executive.

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

Further, SC has reiterated the importance of doctrine in several judicial pronouncements. In the Kesavananda Bharati case (1973), it stated it as the basic feature of our Constitution. It also rejected National Judicial Appointments Commission Bill (2014) terming it unconstitutional and deemed it a threat to independence of judiciary.

While most features of constitution are explicitly expressed, doctrine of separation of powers is subtle though highlighted as an integral part of constitution through judicial pronouncements. Also, the doctrine stands diluted through functional overlap. But, at the same time it has provided a system of check and balance between three branches. Thus, its existence with contradictions yet succeeding in its purpose lends this doctrine a unique status in the structural framework of Indian polity.