Separation of Powers in India and USA: Analyzing its Role on Ensuring Good Governance
CMR School of Legal Studies, Bangalore, India
Volume II – Issue II
This research paper analyses the effectiveness of the tripartite system of government i.e., Legislature, executive, and judiciary. For the smooth running of government there has to be separation of powers and function amongst the organs of government. Basically, it means to separate the powers and functions of one organ of government with that of another. Aristotle was the first person to categorize the governmental functions into deliberative, magisterial and judicial locks. But it was the French jurist Montesquieu who conceived this separation of powers in his famous book ‘Spirit of laws’. According to him one organ should not abdicate the power of another organ. He further says that one cannot expect liberty and freedom when both legislative and executive powers are exercised by the same person. However, this theory had different implications in different countries. In the USA, ‘Separation of powers’ and ‘Checks and balances’ were adopted to ensure rights, liberty and equality and prevent the abuse of power in governmental machinery. Both separation of powers and checks and balances has to be applied in every country in order to secure constitutional, political and democratic development. In countries like India where we follow parliamentary form the application of separation of powers becomes difficult because the fusion between legislative and executive is very important for the harmonious working of parliamentary democracy. Hence, separation of powers is just relative and not absolute. However, In order to achieve good governance and rule of law, fair constitutional building is the symbol of quality, law and liberty. The researcher tries to find out the ideologies behind separating the powers and functions of government. The researcher also tries to throw light upon how it is separation of parties and not powers.