SEPARATION OF POWER IN INDIAN CONSTITUTION

Recently, demand of executive representation in collegium system had started debate over doctrine of separation of Power in Indian Constitutional setup.

Importance of Separation of Power
• Protect Rights and Liberty of Citizens. For example, SC in K. S. Puttaswamy (Retd.) vs Union of India case reaffirmed right to privacy as a fundamental right.
• Distribution of powers leads to limited powers with each organ, thus prevents rise of dictatorship or anarchy and promote constitutional supremacy.
• Creates functional specialization among
different institutions, ensuring efficiency
in government.
• Minimizes conflict among government institutions.
• Ensure judicial independence.

Issues in Separation of Power in India
• Challenges in Division of function: 
This doctrine assumes that three functions of Government are independent and distinguishable from one another.
* However, in practice, there can be an overlap in their
functions and powers, leading to conflicts and challenges in adhering to separation of powers principle.
* For example, if legislature can only legislate, it may
face difficulties in punishing someone who commits a breach of its privilege, as it could be seen as a quasi-judicial function.
• Leads to encroachment of other organ: Modern interpretation of doctrine recognizes incidental
functions by one organ without encroaching on essential functions of another.
* However, there's a risk of encroachment leading to   power struggle, undermining the principles of
  separation of powers.
• Practical difficulties in its acceptance: In practice it has not been found possible to concentrate power of
one kind in one organ only.
* The legislature does not act merely as law making body, but also act as an overseer of the executive,
the administrative organ has legislative function.
* The judiciary has not only judicial functions but also has some rule making powers.

Way Forward
• Promote proper checks and balances between     various institutions.
• Timelines: In PLR Projects Ltd v. Mahanadi Coalfields Pvt Ltd (2021) case, Supreme Court stated that
recommendations by the Collegium must be cleared by the Centre within 3-4 weeks to avoid any deadlock.
• Promoting Constitutional supremacy by focusing welfare of the citizens.

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