Separation of Powers
The division of governmental authority among the legislature, executive, and judiciary to prevent concentration of power.
Full Definition
Separation of powers is the constitutional principle that the three branches of government (legislature, executive, judiciary) must remain independent and check each other. No branch should encroach on the functions of another. In India, it is not rigidly separated as in the US � the Constitution adopts functional separation with checks and balances. The President is part of Parliament, judicial appointments involve the executive, and parliamentary privilege is absolute.
In Indian Law
Not explicitly stated in the Constitution but implied from Articles 50 (separation of judiciary from executive at district level), 121 (bar on discussing judges' conduct in Parliament), and 211 (similar bar in state legislatures). In Ram Jawaya Kapur v. State of Punjab (1955), the Supreme Court held India doesn't have strict separation but recognises three organs with distinct functions. Judicial review is the primary check on legislative and executive excess.
Landmark Cases
Ram Jawaya Kapur v. State of Punjab (1955) � Separation of powers in India