Separation of powers between various organs dispute redressal mechanisms and institutions
This unit has been covered under the following segments-
Description of the above segments has been laid down below.
Theory of Separation of Powers is based on the concept and revolves round the idea that for the sake of individual liberty .All the three organs of the government should be separated from each other. Each department should be allotted to a different set of persons confined to its own sphere of activities having independent jurisdictions from, the other. No organ of the government should discharge any functions which it is not obliged to do. The theory revolves round the idea that, each branch of the Government must be confined to the exercise of its own function and not allowed to encroach upon the functions of other branches. In this way each branch will be a check to others and so single group of people will be able to control the machinery of the state. The concept of Separation of Powers is one such measure.
CONCEPT OF SEPARATION OF POWERS
MEANING OF SEPARATION OF POWERS
It is generally accepted that there are three main categories of governmental functions- (i) Legislative, (ii) Executive, and (iii) Judicial. Similarly, there are three main organs of the Government in a State- (i) Legislature, (ii) Executive, and (iii) Judiciary. According to the theory of Separation of Powers, these three powers and functions of the Government must, in a free democracy, always be kept separate and be exercised by three separate organs of the Government. It means that one person or body of persons should not exercise all three types of powers of government. The legislature should exercise legislative functions and powers and should not administer or enforce it. The executive should not control the legislature nor should it take over the functions of the judiciary. The theory of separation of the powers signifies the following three different things: That the same person should not form part of more than one of the three organs of the government;
- That one organ of the government should not interfere with any other organ of the government;
- That one organ of the government should not exercise the functions assigned to any other organ.
This is however, classical concept of theory of separation of power, which is quite different from modern concept. Need for new concept has arisen because in those days when these scholars and theorists expounded their ideas the economy was very simple. Moreover, in those days areas of governmental activities were not very wide. Problems to be dealt with were not very complex and national and international situations not that ticklish. Some of the important reasons responsible for new concept of separation of powers may be discussed as under: The modern state has been forced to expand its activities in the economic field. This has become, unavoidable due to technical and industri.al re-orientation. By now every state particularly developing nations, have felt that planning both at regional and national levels, is unavoidable. It is now argued that an economy as complex as that of a modern State – cannot be regulated effectively by a government, based on the theory of separation of powers. In a modern state most important need is that of combining efficiency with freedom. Then another reason is that throughout the 18th century it was believed that the government was a necessary evil and as such it was most essential that its activities should be checked. But today whole concept has changed. It is now believed that for prosperity of the nation it was most unavoidable that government should be made to function effectively and efficiently. This supremacy of executive government which was very much disliked by the exponents of 18th century theory of separation of powers, has become an established fact not because of increased strength of bureaucracy but because of several other reasons. These include need for quick decision making which, is, not possible with the present legislative process in democracies. Then it is the prerogative of the execu¬tive to decide about career making activities of the people employed in the government of both at different levels and in different departments. Thirdly in a democracy Ministers who are executive heads of their departments are to depend on the expertise, experience and knowledge of the people working in their departments.