Separation of Powers Between Various Organs, Dispute Redressal Mechanisms and Institutions

Separation of powers between various organs dispute redressal mechanisms and institutions

This unit has been covered under the following segments-

  1. Introduction
  2. Meaning Of Separation Of Powers
  3. Separation Of Power In Indian Constitution
  4. Separation Of Powers And Judicial Pronouncements In India
  5. Relationship Between The Executive, Legislature And The Judiciary
  6. Redressal Mechanism And Institutions
  7. Components Of Redressal Mechanism
  8. Recent Developments
  9. Consumer Protection As Removal Of Public Grievances
  10. Legal Aid
  11. Lok Adalat
  12. Effectiveness Of The Legal And The Judicial Systems

13.Current Redressal Mechanism

Description of the above segments has been laid down below.

INTRODUCTION

Understanding that a government’s role is to protect individual rights, but acknowledging that governments have historically been the major violators of these rights, a number of measures have been derived to reduce this likelihood.Theory of Separation of Powers is in true sense for the sake of individual liberty . There should be a separation among all the three organs of the government. Each department should be allotted to a different set of persons confined to its own set of activities having independent jurisdictions. No organ of the government should discharge any functions which it is not meant to do. The theory of Separation of Powers revolves around the idea that, each section of the Government must be confined to the exercise of its own function and it should not be allowed to take upon the functions of other branches. Hence, each branch will be a check to others and so single group of people will be responsible for controlling the machinery of the state. The concept of Separation of Powers is one such measure and it is very important to understand how the Separation of Powers is implemented in our nation.

CONCEPT OF SEPARATION OF POWERS

What has led to new concept of separation of powers is that today administration and, adjudication are not treated separately. Judges as well as administrators apply broad rules of laws in individual cases. Many executive officers enjoy judicial powers, which have been given to them by legislative enactments. Administrative law is today an integral part of our administrative system. Law making and law enforcing functions have come very close to each other.

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 come up  because in earlier days when these scholars and theorists expounded their ideas the economy used to be very simple. Moreover, in those days areas of governmental activities were not very large. Problems used to be less complex and national and international situations were not that ticklish. Some of the important reasons responsible for new concept of separation of powers can be understood as : The modern state has been  forced to expand its activities in the field of economy. This cannot be avoided due to orientation towards technical and industrial fields. By now every state,if we talk about the developing nations especially, have realised that it is not at all possible to avoid planning both at national and regional levels.It is now emphasized that an economy as complex as that of a modern State – cannot be regulated effectively by a government,if it is solely based on the theory of separation of powers. In a modern state most important need is that of combination of efficiency with freedom. Then another reason is that throughout the eighteenth century people used to believe that the government was a necessary evil and as such it was very necessary that its activities should be in control. But at present time, 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 eighteenth century theory of separation of powers, has become an established fact not because of increase in the  strength of bureaucracy but because of several other reasons as well. These include need for quick decision making which, is,if seen practically, not possible with the legislative process in democracies that is present in current time. Then it is the prerogative of the executive to take the decision 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 have to depend on the expertise, experience and knowledge of the people working in their departments.

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