Principle of Separation of Powers

The principle of separation of powers demonstrates division of political powers Jurisprudentially. But functionally it has a Machinery to ensure Protection of right and efficiency of the administration. Each organ of the state

1.      Legislature     2. Executive    3.Judiciary has to function under the constitution

 Within its defined ambit of the other. Because of separation of powers of courts in India have a valuable and indispensable role in the administrative process through different roots and mechanisms. The fundamental aim of judicial process is to censor or control, screen and scrutinise the Executive with the sole purpose that it must reach just ends by just means. Thus, Judicial Review has effectively been exercised and any attempt to undermine or crumble its sanctity has been proved counterproductive. In fact the concept is more akin to the concept of Reasonableness and non-arbitrariness and pervades into entire constitutional scheme. It is a golden-thread. Which runs through the whole of the fabric of the constitution? Independence of Judiciary from any arbitrary interference by the Executive is the main bull-war of the Democratic way of the life.

            Independence of Judiciary is necessary in a Democratic country. In ancient and during the medieval period, the king used to exercise both Executive and Judicial functions. According to Alen Caski, the concentration of power to interpret and administer in the same hands, has always been associated with Tyranny because power corrupts and an absolute powers corrupt absolutely. In England, in the Seventeenth Century, the Brown and Parliament could function no longer in Harmony, and each asserted its supremacy when the concept of Judicial Independence saw the light of the day. Credit went to Lard Coke, who asserted the same by refusing to toe the line if Royal Order, passed by the King James I.

The constitution of India provides for independence of Judiciary in more ways than one

1)      President Consults the Chief Justice of India in appointing the Judges of the Supreme Court.

2)      No Judge can be removed except on the ground of proved misbehaviour or incapacity.

Their salaries and allowances are not subject to the vote of the Parliament. Liberty is the heart and rule of law, it is the Brain if Indian Democracy. Independence of Judiciary and an enlightened public opinion are imperative for the Prevalence of the Rule of Law. The conscious gift of the constitution, Judicial Independence very matrix of the Judicial System, means unrestrained system to do Justice in the contest of constitution. In the social context, it refers to the freedom to administer Justice.

According to the Judges, appreciation of the crux of the dispute and understanding of the law, in India, there was a tussle between the Parliament and the Judiciary to assert to their supremacy.