Separation Of Powers Between Legislative And Executive: A Comparative Analysis Of India And USA
- IJLLR Journal
- Jun 18
- 1 min read
Vatika, Galgotias University
ABSTRACT
In a democracy, the government wields its sovereign authority on behalf of the populace through three principal functions: legislating, executing, and interpreting laws. For the effective operation of government, there must be a delineation of authorities and functions among its branches. Essentially, it signifies the division of authorities and functions between different branches of government. Aristotle was the inaugural individual to classify governmental responsibilities into deliberative, magisterial, and judicial branches. However, it was the eminent French jurist Montesquieu who formulated the concept of the division of powers in his renowned work 'Spirit of the Laws.' He asserts that one organ should not relinquish the authority of another organ. As per the provisions of the Constitution of India, legislative authority is conferred onto both houses of Parliament in accordance with Article 79, while executive powers are assigned to the President at the central level. This notion had varying ramifications across different nations. In the United States, the principles of 'separation of powers' and 'checks and balances' were instituted to safeguard rights, liberty, and equality, while preventing the misuse of authority within the governmental framework. The separation of powers and checks and balances must be implemented in every nation to ensure constitutional, political, and democratic advancement. The division of authorities in India is not absolute. Should any organ of authority be misused or fail to operate adequately, another organ may intervene in accordance with the constitution.
