Separation of power is to prevent the concentration of power and provide for checks and balances of the

division of government responsibilities into distinct branches to limit any one branch from exercising the core
functions of another. The concept of separation of powers is the basic element for the governance of a
democratic country. This principle confirm fairness, impartiality and uprightness in the workings of a
government.

The principle of separation of powers meant three things:

1. One person should not be made part of more than one branch of the government.
2. There should not be any interference and control of any organ of the government by the other.
3. No organ of the government should exercise the functions and powers of the other organ.

Separation of Powers means that the three branches of government are separated. The three
branches are as follows:- the Legislative- the part that makes laws. the Executive - the part that
carries out (executes) the laws, the Judicial Branch - the courts that decide if the law has been
broken.

The following are the fundamental objectives of the doctrine of separation of powers:-

1. Firstly, it aims to eliminate arbitrariness, and promote an accountable and democratic form of
government.
2. Secondly, it prevents the misuse of powers within the different organs of the government. The
Indian Constitution provides certain limits and boundaries for each domain of the government and
they are supposed to perform their function within such limits.
3. Thirdly, it keeps a check on all the branches of the government by making them accountable for
themselves.
4. Fourthly, separation of powers maintains a balance among the main three organs of government
Legislative,Executive and Judiciary by dividing the powers among them so that powers do not
concentrate on any one branch leading to arbitrariness.
5. Fifthly, this principle allows all the branches to specialize themselves in their respective field with
an intention to enhance and improve the efficiency of the government.

Constitutional Provisions Ensuring Separation Of Power

 Article 50: State shall take steps to separate the judiciary from the executive.
 Article 121 and 211: Judicial conduct of a judge of the Supreme Court and the High Courts’ cannot
be discussed in the Parliament and the State Legislature.
 Article 122 and 212: Validity of proceedings in Parliament and the Legislatures cannot be called into
question in any Court.
 Article 361: 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.

The doctrine of separation of powers in the strict sense is undesirable and unpractical and therefore till now it
has not been fully accepted in any of the country, but this does not mean that the doctrine has no relevance in
the world of today. The logic behind this doctrine is still valid. The logic behind the doctrine is of polarity
rather than strict classification,