Three Organs of the Constitution

Separation of Powers :

The Three Organs of the Constitution viz :

1)      The Legislature
2)      The Executive
3)      The Judiciary

All the three institutions derive their respective power from the constitution itself because constitution has provided separation of powers for these three institutions. The Power, Scope and Role of each organ are specifically demarcated in the constitution is Supreme. These Three Organs not only derive powers from the constitution, but exercise those powers within the framework of the constitution. They cannot overlap from such framework while exercising their respective powers.

The doctrine separation of powers is the very important salient feature of the constitution. Among the Three Institutions, one is not superior to the other, and one will not control the other, in any manner. But, the expectation of the frames of the constitution is the harmonious working of these Three Organs collectively towards the realisation of objects enunciated in the constitution. In case of legislature, a stigma is imposed on it, that the legislature cannot legislate a statute or a law which is beyond its powers. It cannot encroach into the powers of the other two organs. 

Or if the legislature attempts or makes a breach of Fundamental Rights or attempts to alter and change the basic features of neither the constitution nor the legislature assumes the role of the often two organs, in the above instances, even though the legislature have powers to legislate, it will be declared as unconstitutional, ultra vies its powers, void and ultimately that piece of legislation, as passed by the legislature, will be declared as Null and Void by the Constitutional Courts in India. There-fore, the scope of powers of legislature are very limited and an embargo is imposed on its powers by the constitution itself. On the other hand the Judiciary has got powers to review. 

The law passed by the legislature is scrutinized, its tenor and vigour. Whether it is within the framework of the constitution or whether it is violative of powers of the legislature so conferred on it, and in any such event, the law passed by the legislature will be declared by the Judiciary as unconstitutional ultra wires the powers. If the legislation is found as colourable, it will also be declared as by such under judicial review.

            Regarding the other organs the executive is concern, its powers are limited to and subjected to permissible limits/imposed by the constitution. The action of the Executive can be attributed as mole-fide., with an ulterior motive, bias, corruption and arbitrary. 

            Such actions of the Executive powers are questioned by the Judiciary. And any infraction of law, violation of fundamental rights in derogation of Directive Principles of State Power. Then the action can be declared as Null and Void, and the same shall not be enforced or implemented.

            The checks on Judiciary are also imposed by the constitution. The basic power and function of the Judiciary is the Review of the action of the legislature and the Executive. Judiciary is the Vanguard for the Fundamental Rights, assumed to the people / citizens of the country under chapter III. It is also other important function of Judiciary, that the International Agreements Treaties, Bi-lateral Covenants and Resolutions of the United Nations, shall be carried out in India by the government in its letter and spirit. But the frames of the constitution did not envisage any superior powers on the Judiciary over the other two organs. But viewed it as a nightmare / guardian custodian in safeguarding the analysis, the three organs are the creatures of the constitution and as such they owe elegance to the constitution. But however, an independent Judiciary is the indispensible requisite of a free society under the principles of Rule of Law. 


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